Current through Register Vol. 50, No. 9, September 20, 2024
A. Positive
Test Result. All initial screening tests with positive results must be
confirmed by a second more accurate test with the results reviewed by a medical
review officer. Any breath test resulting in 0.08 alcohol concentration will be
considered an initial positive result. In these cases, the confirmation test
will be performed within 30 minutes, but not less than 15 minutes, of
completion of the screening test. Urine samples will be tested using the split
sample method, with the confirmation test performed on the second half of the
sample in the event of an initial positive result. Any employee reported with a
confirmed positive test shall either be suspended with pay pending
investigation or shall have the safety/security sensitive duties removed from
his/her position pending preparation and approval of disciplinary action up to
and including dismissal. At a minimum the following actions will be taken in
the instance of a first confirmed positive test.
1. The employee shall be subject to
disciplinary action as determined by the appointing authority.
2. The employee must meet with an approved
chemical abuse counselor for a substance abuse evaluation. The employee must
release the substance abuse evaluation prior to returning to duty. The
evaluation will become part of the follow-up plan for that employee to continue
employment with the department.
3.
The employee shall be screened on a periodic basis for not less than 12 months
nor more than 60 months. Follow-up testing, return to duty testing, counseling
and any other recommended treatment will be at the cost of the employee and not
the department. Post accident or return to duty tests which are positive will
result in the employee's dismissal.
B. Refusal to Test
1. Any employee refusing to submit to a
breath test for the presence of alcohol or a urine test for the presence of
drugs will be subject to the consequences of a positive test. A refusal is
defined as a verbal refusal, abusive language to the supervisor or personnel
performing the test, or tampering of any sample, container, equipment or
documentation of the sampling process. If a test is determined to be invalid,
it is not considered a refusal and no disciplinary action will be taken.
Inability to perform the testing procedures must be documented by a medical
physician and recorded in the employee's personnel file.
2. If an employee alleges that, because of
medical reasons, he/she is unable to provide a sufficient amount of breath to
permit a valid breath test, the Breath Alcohol Technician (BAT) will instruct
the employee to try a second time to provide an adequate amount of breath. If
an employee is unwilling to submit to the test, then the results of the test
will be subject to the consequences of a positive test. If an employee is
unable to provide a sufficient quantity of urine, the collector will discard
the insufficient specimen and instruct the individual to drink up to 40 ounces
of fluid, distributed reasonably through a period of up to three hours, or
until the employee has provided a new urine specimen. If the employee remains
unable to provide a sufficient specimen, the collector must discard the
insufficient specimen, discontinue testing and notify the agency human
resources director or his/her designee of his/her actions. In these instances,
the agency human resources director or his/her designee shall inform the
appointing authority immediately. The appointing authority shall direct the
employee to have a medical evaluation, within five working days (at the
agency's expense) conducted by an agency selected licensed physician with
expertise in the medical issues surrounding a failure to provide a sufficient
specimen. The physician will provide to the appointing authority, a report of
his/her conclusions as to whether the employee's inability to provide a
sufficient specimen is genuine or constitutes a refusal to test. If the
conclusion of refusal to test is reached, it will be subject to the
consequences of a positive test.
C. Reasonable Suspicion of
Adulterated/Substituted Sample. A specimen temperature that measures outside
the range of 90 to 100 degrees Fahrenheit constitutes a reason to believe that
an employee has adulterated or substituted the specimen. The collector must
immediately conduct a new collection using direct observation
procedures.
D. Challenging Test
Results. If a current or prospective employee receives a confirmed positive
test result, he/she may challenge the test results within 72 hours of actual
notification, with the understanding that he/she may be placed on suspension
pending investigation, until the challenge is resolved. A written explanation
of the reason for the positive test result may be submitted to the medical
review officer. Employees who are on legally prescribed and obtained medication
for a documented illness, injury or ailment will be eligible for continued
employment upon receiving clearance from the medical review officer.
E. Other Violations. Each violation and
alleged violation of this policy will be handled on an individual basis, taking
into account all data, including the risk to self, fellow employees, clients,
and the general public.
F. Failure
to comply with provision of the policy, including but not limited to, the
following, will be grounds for disciplinary action:
1. an employee is subject to disciplinary
action up to and including dismissal should a criminal drug statute conviction
result from the unlawful manufacture, distribution, possession, or use of a
controlled substance in the workplace;
2. refusal or failure to report to an
approved counseling or rehabilitation program after voluntarily requesting help
for drug addiction;
3. refusal or
failure to report to an approved counseling or rehabilitation program, if
advised by the department to do so, after a confirmed positive test for any
substance prohibited by this policy;
4. leaving a treatment program prior to
completion and not being properly released to return to work.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:1001 et
seq.
