La. Admin. Code tit. 70 § XXI-113

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

Section XXI-113 - Enforcement

A. The use of illegal drugs and misuse of alcohol and other controlled or unauthorized substances will not be tolerated at the department. substance abuse, which endangers the health and well-being of departmental employees and the traveling public, prevents quality service to the public and is inconsistent with this department's mission. While the department's position is firm, it will also resolve any reasonable doubt issues in the employee's favor.

B. Disciplinary actions will be taken after a complete and thorough review of all applicable data, and in accordance with Chapter 12 of the Civil Service Rules and Secretary's Policy and Procedure Memorandum Number 26 (Disciplinary System).

1. Violations for which employee is subject to termination are as follows:

a. refusal to submit to a drug or alcohol test, or failure to cooperate in any way that prevents the completion of a test;

b. submission of an adulterated or substitute urine sample for drug testing;

c. buying, selling, dispensing, distributing, or possessing alcohol or any illegal or unauthorized controlled substance while on duty or on department/state premises;

d. unjustifiable possession of drug-related paraphernalia while on duty or on department/state premises;

e. unjustifiable possession of prescription drugs or any dangerous, controlled substances;

f. driving a state vehicle or operating state equipment (or driving personal vehicle while on duty) while under the influence of drugs or alcohol, where tests administered by authorized officials confirm a policy violation;

g. the presence of alcohol, illegal or unauthorized drugs, and other prohibited controlled substances, in a state vehicle, while on or off-duty;

h. positive drug test result or confirmed 0.02 blood alcohol concentration;

i. under all of the above circumstances, the employee will be referred to a substance abuse professional.

2. A violation for which employee is subject to a minimum one week suspension, possible return-to-duty agreement, or more severe disciplinary action, including termination, occurs when the employee fails to notify his/her supervisor of any prescribed drugs/medications when the employee believes, or has been advised by a physician or pharmacist, that the prescribed drugs/medication may impair the employee's ability to perform his/her usual duties and responsibilities.

3. Violations for which employee is subject to a minimum one-day suspension:

a. failure to notify supervisor of off-duty arrest or conviction of a driving-while-intoxicated, drug, or drug-related offense at the beginning of the next scheduled work day, when the employee occupies a safety-sensitive position. (See positions listed in §119 and §121);

b. failure to maintain prescribed drugs/medication in prescribed quantity and unable to produce original prescription container.

4. Violation for which employee is subject to written reprimand is the failure to notify supervisor of off-duty arrest or conviction of a driving-while-intoxicated, drug, or drug-related offense at the beginning of the next scheduled workday, when the employee occupies a non-safety-sensitive position.

5. For employees whose positions require a Commercial Driver's License (CDL) or for employees who are required to operate departmental vehicles on a regular and recurring basis, the loss of that license may result in employee being placed on leave or in a bonafide vacant position (not requiring a driver's license) for which they qualify. This may be accomplished by the following:

a. reassignment;

b. voluntary demotion;

c. detail or placement on leave (annual, compensatory, or leave without pay), if situation is deemed temporary;

d. if none of these options are available or reasonable, the employee will be removed in accordance with Civil Service Rule 12. 6(b), and Secretary's Policy and Procedure Memorandum Number 26.

La. Admin. Code tit. 70, § XXI-113

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.