La. Admin. Code tit. 13 § V-115

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

Section V-115 - Confidentiality/Employee Rights

A. All drug and alcohol testing results and records (including all information, interviews, reports and statements) are considered confidential communications, pursuant to R.S. 49:1012, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in an administrative or disciplinary proceeding or civil litigation where drug use by the tested individual is relevant. Exceptions to these confidentiality provisions are limited to:

1. written employee consent;

2. federal agencies when licensure or certification actions are required;

3. to a decision-maker in arbitration, litigation or administrative proceedings arising from a positive drug test;

4. and as otherwise required by law.

B. In compliance with R.S. 49:1011, any employee, upon learning of a confirmed positive test result, shall, upon written request, have the right of access, within seven working days, to records and other documentation relating to the drug testing process and any records relating to the results of any relevant certification, review, suspension/revocation proceedings of the testing facility.

C. Employees should know that statistical records and reports of drug testing are maintained by DED, contract physicians and drug testing laboratories. This information is aggregate data and is used to monitor compliance and to assess the effectiveness of the drug testing program.

D. This department has no interest in informing law enforcement authorities of a positive drug test. However, nothing contained in these rules will be construed to preclude the delivery of any illegal drug, controlled dangerous substance, or other substance prohibited by these rules, discovered in/on DED/state property, or upon the person of a DED employee, to law enforcement officials. Likewise, any employee engaged in the sale, attempted sale, distribution or transfer of illegal drugs or controlled substances while on duty or on DED/state property shall be referred to appropriate law enforcement authorities.

La. Admin. Code tit. 13, § V-115

Promulgated by the Department of Economic Development, Office of the Secretary, LR 25:417 (March 1999).

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