Drug Testing
Drug Testing - R.S. 49:1001
14.08 Please note: As used hereafter, the term “drug" shall include alcohol.
14.09 The presence of alcohol is indicated by a con finned blood alcohol concentration of
0.05 percent or more by weight based upon grams of alcohol per one hundred cubic
centimeters of blood.
14.010 Illegal or unauthorized drugs include any drug which is not legally obtainable; any drug which is legally obtainable, but has been illegally obtained; prescription drugs not being used in accordance with the prescription; or any substance which affects the employee's ability to safely and competently perform assigned duties. Controlled dangerous substances are listed in Schedule I, II, III, IV and V of La R.S. 40:964.
14.011 The types of testing an employee or job applicant may be required to submit to, as follows:
(a) Job Applicant Testing: The Attorney General's Office may require job applicants to submit to a drug test, and may use a refusal to submit to a drug test, or a positive confirmed drug test as a basis for refusal to hire the job applicant - R.S. 49: 1008.
(b) Reasonable Suspicion: The Attorney General's Office may require an employee to submit to reasonable suspicion drug testing.
(c) Occurrences or Circumstances: The Attorney General's Office may require a drug test following an accident that has occurred during the course or scope of an employee's employment that (a) involves circumstances leading to a reasonable suspicion of the employee's drug use; or (b) results in a fatality.
(d) Follow Up Testing: If an employee, in the course of employment, enters an alcohol and/or drug rehabilitation program, the Attorney General's Office may require said employee to submit to a drug test as a follow up to such a program, and on a quarterly, semiannual, or annual basis for up to two 2 years thereafter.
14.012 It should be noted that pursuant to R.S....
Please login to view the full essay...