La. Admin. Code tit. 70 § XXI-109
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXI-109 - Alcohol Testing ProceduresA. Evidential Breath Testing Devices (EBTs), approved by the National Highway Traffic Safety Administration (NHTSA), will be used by certified Breath Alcohol Technicians (BATS) on contract with the department. testing sites will provide visual and aural privacy, unless prevented by unusual circumstances. The employee must provide a photo identification or be identified by an employer representative.B. A breath screening test will be conducted, and the employee will be told the results. If the results are less than 0.02 alcohol concentration, no further testing is necessary, and the test results are reported as negative. If the screening test indicates an alcohol concentration of 0.02 or greater, a confirmation test will be performed within 20 minutes, but not less than 15 minutes, of completion of the screening test. If the confirmatory test again indicates an alcohol concentration of 0.02 or greater, the results will be reported as positive to the appointing authority or designated representative. Employees occupying safety-sensitive positions will not be allowed to perform safety-sensitive functions and will be subject to disciplinary action specified under §113 of this rule.C. Positive test results will also be reported to the appointing authority or designee whenever an employee refuses to complete or sign the breath alcohol confirmation testing form, provide breath, provide an adequate amount of breath (excludes medical inability), or fails to cooperate with the testing procedures in any way that prevents the completion of the test.La. Admin. Code tit. 70, § XXI-109
Promulgated by the Department of Transportation and Development, Office of General Counsel, LR 25:539 (March 1999).AUTHORITY NOTE: Promulgated in accordance with R.S. 49:1015.