La. Admin. Code tit. 70 § XXI-101

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

Section XXI-101 - Philosophy

A. The use of illegal and unauthorized drugs and the misuse of alcohol are serious social problems that are even more unacceptable in the workplace. The Department of Transportation and Development has a compelling interest in the welfare and safety of its employees and the traveling public, the maintenance of a high level of productivity, and quality service to the general public. The establishment of a drug-free work environment in compliance with Executive Order Number MJF 98-38 and R.S. 49:1001 et seq., preserves property and equipment, promotes public safety, and reduces absenteeism and job-related accidents and injuries, while enhancing overall job performance, productivity levels, and the image and reputation of the department.

B. To enhance national highway transportation safety, Congress passed the Omnibus Transportation Employee Testing Act of 1991. This Act requires alcohol and drug testing of certain safety-sensitive employees in the aviation, motor carrier, railroad and mass transit industries. The departmental positions subject to these federal drug and alcohol testing requirements primarily include pilots, drivers who are required by state or federal law to have a Commercial Driver's License (CDL) and who operate Commercial Motor Vehicles (CMVS), and crew members operating a commercial marine vessel that receives funds from the Federal Transit Administration.

C. This policy applies to all Department of Transportation and Development employees, but those employees who are in safety-sensitive positions or who are being tested under federal authority will receive a separate employee information package which explains the program in greater detail. Following a job offer, all potential employees are subject to a pre-employment drug test. Additionally, all employees are subject to post-accident/incident, reasonable suspicion, return-to-duty, and follow-up drug and alcohol tests. Employees in safety-sensitive positions are further subject to random drug and alcohol tests. A list of the safety-sensitive positions being tested under federal authority is attached as Appendix A. Additional positions designated by DOTD as safety-sensitive are listed in Appendix B.

La. Admin. Code tit. 70, § XXI-101

Promulgated by the Department of Transportation and Development, Office of General Counsel, LR 25:536 (March 1999).

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