Current through Register Vol. 50, No. 9, September 20, 2024
A.
Drug testing pursuant to these rules shall be for the presence of marijuana,
opiates, cocaine, amphetamine/ methamphetamine and phencyclidine (PCP) in
accordance with
R.S.
49:1001 et seq. Testing shall be performed by
a contractor chosen by the Office of State Purchasing, Division of
Administration. At a minimum, the testing procedure shall assure:
1. that all specimens for drug testing are
collected, stored, transported and tested in compliance with United States
Department of Health and Human Services (DHHS) guidelines (and applicable
federal and state regulations) to ensure integrity of the testing
process;
2. urine specimens will be
collected with emphasis upon the privacy rights of the employee. Direct
observation of the employee during collection of the urine specimen will be
allowed only under the following conditions:
a. when there is specific, articulable reason
to believe that the individual may alter or substitute the specimen;
b. when the individual has provided a urine
specimen which falls outside the acceptable temperature range;
c. when the last urine specimen provided by
the individual was verified by the medical review officer as adulterated;
or
d. when collection site
personnel observe conduct or behavior indicating an attempt to
substitute/adulterate the sample or otherwise alter the integrity of the
collection process;
Note: In all instances in which direct observation is deemed
appropriate, the designated DED representative shall review and concur, in
advance, with any decision by collection site personnel to obtain a specimen
under direct observation. This representative shall maintain, in a confidential
record, the full name of the reporting collection site personnel and the
specific facts relied upon to approve the direct observation. The record shall
be signed by the department representative. All direct observations shall be
conducted by same gender collection site personnel.
3. the split sample collection
methodology must be used in accordance with
R.S.
49:1006.D, with both the primary and split
specimens properly stored and transported to the testing laboratory. The
primary urine sample will be analyzed for the presence of marijuana, opiates,
amphetamines/methamphetamine, cocaine and phencyclidine (PCP);
4. appropriate chain of custody forms shall
be utilized to ensure the integrity of each urine specimen by tracking its
handling, storage and transportation from point of collection to final
disposition;
5. testing shall be
performed by laboratories certified for forensic urine drug testing by the U.S.
Department of Health and Human Services and in strict compliance with DHHS
guidelines;
6. the dual testing
procedure shall be used for all samples. Each primary sample that tests
positive for a prohibited substance shall be subject to an additional, more
precise confirmatory test (gas chromatography/mass spectrometry);
7. all positive test results (those which
exceed federally established cut-off levels as set forth in 49 CFR 40, Section
40.29), shall first be reported by the testing laboratory to DED's qualified
Medical Review Officer (MRO). The MRO is a licensed physician knowledgeable of
substance abuse who has received specialized training in interpreting and
evaluating test results in conjunction with an individual's medical history and
other relevant biomedical information. The MRO will review the collection
procedure, chain of custody and testing methodology before contacting the
employee/appointee/applicant to rule out the possibility of error or that
medications, medical history or any other condition caused the positive test
result;
8. if the test is confirmed
to be positive by the MRO, the employee may, within 72 hours of notification
from the MRO, request, in writing, directly to the MRO, that the split specimen
(initially collected but separated and stored during the collection process) be
tested in a different DHHS certified laboratory. This split sample testing
shall be allowed if timely requested and performed at the employee's
expense;
9. once a positive test is
confirmed and reported to DED by the MRO, an employee in a safety-sensitive
position will be prohibited from performing safety-sensitive functions. A
request for testing of the split sample will not delay any such employee's
removal from performing safety-sensitive functions; and
10. if testing of the split specimen results
in a negative result, the MRO will cancel the positive result of the initial
test. All doubts shall be resolved in favor of the employee.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:1015 et
seq.
