P.R. Laws tit. 21, § 4586

2019-02-20 00:00:00+00
§ 4586. [Administration] of tests for the detection of controlled substances to officials or employees

No official or employee shall be submitted to a test for the detection of controlled substances unless one of the following circumstances occurs:

(a) A work accident occurs related to his/her functions during working hours, directly attributable to the official or employee. The official or employee cannot be submitted to controlled substances detection tests when he/she is not in full control of his/her mental powers due to the accident, unless a court order directs otherwise. Municipalities shall have discretion to determine other special circumstances in their programs by which the official or employee shall be exempted from submitting to the controlled substances detection tests, after the accident has occurred.

In this case, the tests shall be administered within a term of twenty-four (24) hours from the time the accident occurred.

(b) That there is a reasonable, individualized suspicion of the official or employee by at least two (2) supervisors, one of whom shall be the direct supervisor. In this case, the tests shall be administered no later than twenty-four (24) hours from the last observation or perception of abnormal or erratic conduct that generated the reasonable, individualized suspicion.

One of the two (2) supervisors shall keep a record which shall remain in custody of the liaison officer, or in the office of the mayor, in which all incidents that generate a suspicion that some official or employee is performing his/her functions under the effects of controlled substances, shall be recorded. These records shall be governed by the rules of confidentiality contained in this chapter.

When the official designated by the mayor to direct the [administration] of tests, deems, in consultation with the liaison officer, that it is proper to administer the test to detect controlled substances, he[/she] shall give the order to do so.

The records of officials or employees who have not been submitted to controlled substances detection tests within six (6) months after having recorded the first incident, shall be destroyed.

(c) The official or employee has tested positive to a first test; subsequent follow-up tests are required.

(d) The person decides to submit voluntarily to controlled substances detection tests, without it having been required in any way, as a condition to keep his job or to enjoy the rights and benefits to which he/she is legally entitled.

History —Aug. 30, 1991, No. 81, added as § 12.007 on Jan. 10, 1999, No. 30, § 4.