La. Admin. Code tit. 46 § LXX-506

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

Section LXX-506 - Drug Testing

A. Testing. All bar pilots shall be subject to testing for the presence of any drug, as defined in §504 ADrug, above.

B. Types of Testing

1. All bar pilots shall submit to reasonable scientific testing for drugs when directed by the board. All procedures and activities conducted in connection with such testing shall comply with R.S. 49:1001-1015, except that certain terms contained therein are redefined because there is no employer-employee relationship. Section 1001(7) shall read "Pilot"-any person who holds a commission from the Governor of the State of Louisiana as an Associated Branch Pilot for the Port of New Orleans. The word pilot shall be used wherever the terms employee is used in §1001-1015Section 1001(8) shall read board which is the Board of Examiners of Bar Pilots for the Port of New Orleans, Louisiana. The word board shall be used whenever the term employer is used in §1001-1015

2. A bar pilot shall be required to submit a urine specimen to be tested for the presence of drugs under the following circumstances:

a. prior to recommendation for appointment, as a part of the physical exam required in these rules and regulations;

b. after recommendation, whenever the pilot is required by the board to undergo a physical examination;

c. upon written sworn complaint signed by the complainant in accordance with Chapter 6 of the rules and regulations of the board of review of bar pilots for the Port of New Orleans;

d. when the pilot is reasonably suspected of using drugs in violation of this policy;

e. at random at the discretion of the board; and

f. when the pilot is determined to be directly involved in a marine casualty or accident during the course of his activities as a pilot that results in:

i. one or more deaths;

ii. injury to any person which requires professional medical treatment beyond first aid;

iii. damage to property in excess of $100,000; or

iv. actual or constructive loss of any vessel.

C. The board may designate a testing agency to perform any scientific test(s) necessary to detect the presence of drugs or their metabolites in a pilot's system.

La. Admin. Code tit. 46, § LXX-506

Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Port of New Orleans, LR 29:358 (March 2003), amended LR 29:2065 (October 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:945.C.1.