P.R. Laws tit. 3, § 2506
Every official or employee may be submitted to a test for the detection of controlled substances when one of the following circumstances occur:
(1) There is an accident in the workplace related to his/her functions and during working hours, which can be directly attributed to the public official or employee.
In this case, the tests shall be administered within a period of twenty-four (24) hours after the accident occurred, and if the official or employee is found in a state of unconsciousness or is deceased, a sample of blood or any other bodily substance may be taken to allow the detection of the presence of a controlled substance.
(2) That there is a individualized reasonable suspicion by at least two (2) supervisors of the official or employee, one of which shall be a direct supervisor.
In this case, the tests shall be administered no later than thirty-two (32) hours from the last observation or perception of abnormal or erratic conduct that generates the individualized reasonable suspicion.
Any of the two (2) supervisors shall keep a record that shall remain in custody of the liaison officer, or in its defect, in the office of the secretary, administrator, director or head of the agency, in which he/she shall note all the incidents that generate suspicion that an official or employee is performing his/her functions under the effects of controlled substances. These records shall be governed under the confidentiality standards contained in § 2512 of this title.
When the qualified official designated by the secretary, administrator, director or head of the agency, in consultation with the liaison ascertains that it is pertinent to administer the controlled substances detection tests, he shall proceed to order it.
The records of the officials or employees to whom no tests are administered for the detection of controlled substances for a term of six (6) months after registering the first incident, shall be destroyed.
(3) That the official or employee holds a sensitive position or office in the government as said term is defined in this chapter.
In this case, controlled substances detection tests can be administered periodically to the official or employee.
(4) That the official is the one designated by the secretary, administrator, director, or head of the agency to order the administration of tests, to wit, the liaison officer. In this case, periodic controlled substances detection tests may be administered to the official or employee.
(5) That the official or employee has shown a positive result to a first test and subsequent follow-up tests are required.
(6) That the official or employee decides to submit voluntarily to controlled substances detection tests without it having been required in any way as a condition to keep his/her job or to enjoy the rights and benefits that legally correspond to him/her.
History —Aug. 14, 1997, No. 78, § 9; Nov. 9, 1998, No. 273, § 2.