La. Admin. Code tit. 70 § XXI-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXI-105 - Drug/Alcohol Testing

A. Applicants and employees may be required to submit to drug and alcohol tests as a condition of employment, as a condition of continued employment, or as a condition of promotion or reassignment to a safety-sensitive position. Whether announced or unannounced, tests will be administered under the following circumstances.

1. Pre-Employment Testing. Drug tests are required of all applicants, to include students, restricted and unclassified appointments, as a condition of employment or re-employment with DOTD. Current employees are required to undergo drug testing prior to being reassigned, temporarily detailed, reallocated, promoted, or demoted to a safety-sensitive position. An offer of employment or promotion, reassignment, detail, reallocation, or demotion will be withdrawn if a positive drug test result is reported, and employees are further subject to disciplinary action as specified in §113, Enforcement.

2. Post-Accident/Incident Testing

a. Any employee who is directly involved in a potentially serious accident or incident in which the employee's action or inaction may have been a causative factor is subject to drug/alcohol tests. Only an appointing authority may require an employee to submit to such tests. Trained supervisors and safety officers may, however, recommend to the appointing authority that drug/alcohol tests be conducted, based on their knowledge of the circumstances resulting in the accident/incident. The appointing authority, using the information available at the time, makes the decision as to whether tests will be required.

b. When certain conditions are present, however, certain federal agencies require that drug/alcohol tests be conducted. (Any post-accident/incident tests conducted that do not meet the below-listed criteria are being conducted under the department's authority, and the appropriate chain-of-custody and breath alcohol testing forms must be used.) Appointing authorities are therefore required to arrange for post-accident/incident tests as follows.

i. The Federal Highway Administration (governing drivers with commercial driver's licenses) requires that the operator of a commercial motor vehicle which requires a commercial driver's license be drug/alcohol tested when as follows:

(a). a fatality occurs, whether or not the driver caused the accident; or

(b). when the driver is cited for a moving traffic violation arising out of the accident. (Accident is further defined as an incident involving a commercial motor vehicle in which there is either a fatality, injury treated away from the scene, or a vehicle is required to be towed from the scene.)

ii. The United States Coast Guard (governing marine vessels) requires that drug/alcohol tests be conducted when there is as follows:

(a). one or more deaths;

(b). an injury to any person (including passengers) which requires medical treatment beyond first aid, and in the case of an employee, which renders the employee unable to perform routine job duties;

(c). damage to property in excess of $100,000, or actual or constructive total loss of either an inspected vessel or any vessel of 100 gross tons or more;

(d). a discharge of any reportable quantity of a hazardous substance into navigable waters, whether or not resulting from a marine casualty.

iii. The Federal Transit Administration (governing public transportation provided by the Crescent City Connection, a division of the department) requires that drug/alcohol tests be conducted when, as a result of an occurrence associated with the operation of a transit vehicle (vessel), there is as follows:

(a). a fatality. Employees to be tested include the following:

(i). each surviving employee on duty on the vessel at the time of accident;

(ii). any other covered employee (i.e., mechanic) whose performance could have contributed to the accident;

(b). bodily injury or property damage. Employees to be tested include:

(i). each covered employee on duty on the vessel unless it is determined by the department that their performance may be completely discounted as a contributing factor;

(ii). any other covered employee (i.e., mechanic) whose performance could have contributed to the accident.

3. Random Testing. Random alcohol and drug testing is required of employees who hold safety-sensitive positions, as listed in §119 and §121 Random tests are unannounced and spread throughout the calendar year.

4. Testing Based upon Reasonable Suspicion. Drug and alcohol testing will be conducted when a trained supervisor or a trained safety officer observes behavior or appearance that is characteristic of drug use or alcohol misuse. The decision to test must be based on specific observations concerning the employee's appearance, behavior, speech, or body odor. (The possession of alcohol, although a violation of this policy, does not constitute a need for reasonable suspicion testing.) A written record must be made of the observations leading to either a drug or alcohol test, and signed by the observing supervisor and, when practicable, by two supervisors. Prior to subjecting any employee to reasonable suspicion testing, however, the supervisor(s) must obtain verbal approval from the appropriate appointing authority. Affected supervisors and safety personnel are trained to recognize signs and symptoms of drug use and alcohol misuse, and a written record of the training is made and retained for documentation.

5. Return-to-Duty. Following a violation of this policy's provisions, and in the event the employee retains his/her job, the employee is required (at his/her own expense) to undergo and complete any treatment prescribed by a substance abuse professional (as defined by federal law), and is additionally subject to drug and/or alcohol testing prior to returning to duty. The employee will also be required to certify in writing his/her understanding and acceptance of a rehabilitative (or return-to-work) agreement.

6. Follow-Up. Employees who voluntarily, or as a condition of continued employment, participate in an alcohol/substance abuse rehabilitation program are subject to unannounced drug and/or alcohol tests for a minimum of one year but not more than five years, as determined by the treating substance abuse professional. As a condition of continued employment, employees are required to certify in writing their understanding and acceptance of these testing and rehabilitation requirements.

La. Admin. Code tit. 70, § XXI-105

Promulgated by the Department of Transportation and Development, Office of General Counsel, LR 25:537 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:1015.