Current through Register Vol. 50, No. 9, September 20, 2024
A. All
employees may be required to submit to drug and/or alcohol testing as a
condition of employment, as a condition of continued employment, or as a
condition of promotion, demotion, reassignment or detail to a safety-sensitive
position. Whether announced or unannounced, tests will be administered under
the following circumstances.
1.
Pre-Employment. Drug tests are required of all prospective employees and
appointees of the LRC. Each prospective employee/appointee shall be required to
submit to drug screening at the designated time and place following a job
offer. Pursuant to
R.S.
49:1008, a prospective employee/appointee
testing positive for the presence of a prohibited substance shall be eliminated
from consideration for employment/appointment. Additionally, applicants for
safety-sensitive positions listed in
§2121 shall be
required to submit to alcohol testing. Applicants who test positive for the
presence of alcohol shall be eliminated from consideration for
employment.
2.
Post-Accident/Incident. An employee may be subject to drug testing following an
on-duty accident where there is a reasonable suspicion that the employee was
under the influence of drugs or alcohol.
Reasonable suspicion
is a belief, based upon reliable, objective and articulable facts derived from
direct observation of specific physical and behavioral characteristics
(behavior, speech, appearance, odor), which causes a prudent person to suspect
that an employee has engaged in drug or alcohol use. Only an appointing
authority shall require an employee to submit to post-accident/incident
testing. Generally, this decision will be based upon the recommendation of
supervisory personnel at the scene who have objectively and thoroughly reviewed
the circumstances of the accident/incident. The supervisor will fully document
the facts upon which the recommendation for testing is made. Any employee
directly involved in an on-duty accident shall be required to submit to drug
and alcohol testing if:
a. the accident
involves circumstances giving rise to a reasonable suspicion that the accident
may have involved the employee's drug or alcohol use and the employee's action
or inaction may have been a causative factor;
b. the accident meets the criteria of
§2107.
A.2.a and results in or causes the release of
hazardous waste as defined by
R.S.
30:2173(2) or hazardous
materials as defined by
R.S.
32:1502(5); or
c. the accident results in a fatality or
serious bodily injury.
NOTE: When post-accident/incident testing is ordered, an
LRC representative shall transport the individual being tested to and from the
testing site. Under no circumstances should any employee who is reasonably
believed to be impaired or under the influence of any drug or alcohol be
permitted to operate a motor vehicle.
3. Random. Random alcohol and drug testing is
required of all employees holding safety-sensitive positions as listed in
§2121 Such
testing shall be periodic and unannounced, and employee selection therefor
shall be by a computer-generated random selection process. All such testing
shall, unless impracticable, occur during the employee's normal work
hours.
4.
Promotion/Reassignment/etc., to Safety-Sensitive Position. Current employees
are required to undergo drug and alcohol testing prior to being reassigned,
temporarily detailed, promoted or demoted to a safety-sensitive position as
defined in §2121 An offer
of promotion, reassignment, detail or demotion will be withdrawn if a positive
drug or alcohol test result is reported, and employees are further subject to
disciplinary action as specified in these rules.
5. Reasonable Suspicion. An employee shall be
required to submit to drug and alcohol testing when he/she exhibits behavior or
appearance that is characteristic of drug or alcohol use. The decision to test
will be by an appointing authority based upon reliable, objective and
articulable facts derived from direct observation of the employee's physical
appearance, behavior, speech, body odor or physical manifestations. The
observation must be made by supervisory personnel (two, if possible) who shall
record, in writing, the observations leading to the recommendation for testing.
NOTE: When reasonable suspicion testing is ordered, an LRC
representative shall transport the individual being tested to and from the
testing site. Under no circumstances should any employee who is reasonably
believed to be impaired or under the influence of any drug or alcohol be
permitted to operate a motor vehicle.
6. Return-to-Duty/Rehabilitation Monitoring.
Any employee who retains his/her job following a violation of these rules shall
be required, at his/her own expense, to undergo and complete any and all
treatment recommended by a certified substance abuse professional. Any such
employee shall be subject to periodic drug/alcohol testing. Further, any
employee who voluntarily or, as a condition of continued employment,
participates in an alcohol/substance abuse rehabilitation program, shall be
subject to random drug/alcohol testing for a minimum of one year or longer as
determined by the treating substance abuse professional. Any such employee
shall be required to certify, in writing, his/her understanding and acceptance
of such a rehabilitation agreement as a condition of returning to
work.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
4:141,
R.S.
4:148 and
R.S.
49:1001, et
seq.
