La. Admin. Code tit. 70 § XXI-117

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

Section XXI-117 - General Provisions

A. Prior to employing an applicant for a position which requires a Commercial Driver's License (CDL), the department must obtain the prospective employee's written consent to obtain from the prospective employee's previous employers the results of any drug/alcohol testing administered during the past two years. This regulation also applies to current employees who are being reassigned, promoted, detailed, reallocated or demoted to a position that requires a CDL.

1. Should an applicant fail to provide the release, the offer of employment will be withdrawn. Should an existing employee fail to provide the release, the offer of promotion, reassignment, reallocation, or demotion will also be withdrawn.

2. Upon receipt of information from a previous employer that the prospective applicant or employee (moving to a job that requires a CDL) tested positive on either a drug or alcohol test or refused to submit to testing within the past two years, the offer of employment or promotion will be withdrawn, unless the applicant has completed a drug/alcohol rehabilitation program and provides a written, positive evaluation by a substance abuse professional.

B. The department reserves the right to have a licensed physician of its own choice determine if use of a prescription drug/medication produces effects which may impair the employee's performance or increase the risk of injury to the employee or others. If such is the case, the department will suspend the work activity of the employee during the period in which the employee's ability to safely perform his/her job may be adversely affected. The employee may be allowed to use accrued leave; may be placed on leave without pay; or where possible, modification of the employee's job duties may be made.

C. Although substance abuse testing outlined in this rule is restricted to the five previously specified drugs and alcohol (see §107 A), the department reserves the right to require employees to submit to additional tests if circumstances warrant. Such tests will only be administered when post-accident and reasonable suspicion drug/alcohol testing produce negative results, and the employee's action/inaction clearly reveals impairment of ability to safely perform job duties. Separate samples will be collected for these additional tests, and the testing process will comply with all SAMSHA regulations.

La. Admin. Code tit. 70, § XXI-117

Promulgated by the Department of Transportation and Development, Office of General Counsel, LR 25:540 (March 1999).

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