Louisiana Administrative Code
Title 67 - SOCIAL SERVICES
Part I - General Administration
Subpart 1 - General Administration
Chapter 1 - Substance Abuse Testing
Section I-109 - Conditions Requiring Drug Tests
Universal Citation: LA Admin Code I-109
Current through Register Vol. 50, No. 9, September 20, 2024
A. DSS shall require alcohol/drug testing under the following conditions.
1. Reasonable Suspicion. Any employee shall
be required to submit to an alcohol/drug test if there is a reasonable
suspicion (as defined in this policy) that the employee is using illegal drugs
or is under the influence of alcohol while on duty. At least two
supervisors/managers must concur there is reasonable suspicion before an
employee is required to submit to an alcohol/drug test. Supervisors shall
decide who will drive the employee to the testing site.
2. Post-Accident. Each employee involved in
an accident that occurs during the course and scope of employment shall be
required to submit to an alcohol/drug test if the accident:
a. involves circumstances leading to a
reasonable suspicion of the employee's alcohol/drug use;
b. results in serious injury or a fatality;
or
c. results in or causes the
release of hazardous waste as defined in
R.S.
30:2173(2) or hazardous
materials as defined in
R.S.
32:1502(5).
3. Rehabilitation Monitoring. Any
employee who is participating in a substance abuse after-treatment program or
who has a rehabilitation agreement with the agency shall be required to submit
to periodic drug testing.
4.
Pre-Employment. Each prospective employee shall be required to submit to drug
screening at the time and place designated by the appointing authority or
designee following a conditional job offer contingent upon a negative
drug-testing result. A prospective employee who tests positive for the presence
of drugs in the initial screening or who fails to cooperate in the testing
shall be eliminated from consideration for employment. Employees transferring
to DSS from other state agencies without a break in service are exempt from
pre-employment testing.
5.
Safety-Sensitive and Security-Sensitive Positions-Appointments and Promotions.
Each employee who is offered a safety-sensitive or security sensitive position
(as defined in this policy) shall be required to pass a drug test before being
placed in such position, whether through appointment or promotion. (See
§119 listing of these positions.)
6. Safety-Sensitive and Security-Sensitive
Positions-Random Testing. Every employee in a safety-sensitive or
security-sensitive position shall be required to submit to alcohol/drug testing
as required by the appointing authority, who shall periodically call for a
sample of such employees, selected at random by a computer-generated random
selection process, and require them to report for testing. All such testing
shall, if practicable, occur during the selected employee's work
schedule.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:1001 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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