La. Admin. Code tit. 70 § XXI-111
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXI-111 - ConfidentialityA. All drug and alcohol testing results and records are maintained under strict confidentiality by the department, the drug testing laboratory, and the MRO. They cannot be released to others without written consent of the employee. Exceptions to these confidentiality provisions are limited to Federal Department of Transportation agencies, when license or certification actions are required, or to a decision-maker in arbitration, litigation, or administrative proceedings arising from a positive drug test.B. Employees have the right to access all written information and documentation within seven days, as required by R.S. 49:1001.C. Statistical records and reports are also maintained by the department, contracted physicians, and drug testing laboratories. This information is aggregated data and is used to monitor compliance with the rules and to assess the effectiveness of the drug testing program.D. The department has no interest in informing law enforcement authorities of a positive drug test. However, nothing contained in this rule will be construed to preclude the delivery of any illegal drug, controlled dangerous substance, or other substance prohibited by this policy, discovered on departmental/state property, or on the person of a departmental employee to appropriate law enforcement agencies. Likewise, any employee engaged in the sale, attempted sale, distribution, or transfer of illegal drugs or controlled substances while on duty or on department/state property will be referred to appropriate law enforcement authorities.La. Admin. Code tit. 70, § XXI-111
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.