Appendix I. DRUG-FREE WORK POLICY AND PLAN
I.
STATEMENT OF POLICY
The parish, as a result of its public and parish responsibilities, as well as the sensitive nature of its work, has a compelling obligation to eliminate illegal drug use from its workplace.
The mark of a successful drug-free workplace program also depends on how well the parish can inform its employees of the hazards of drug use, and on how much assistance it can provide drug users. Equally important is the assurance to employees that personal dignity and privacy will be respected in reaching the parish's goal of a drug-free workplace. Therefore, this plan includes policies and procedures for: (1) employee assistance; (2) supervisory training; (3) employee education, and, (4) identification of illegal drug use through drug testing on a carefully controlled and monitored basis.
The following policy constraints shall govern:
1.
Employees of the parish shall not possess or ingest any narcotics, controlled dangerous substances, designer drugs and/or prescribed medications unless prescribed by a physician licensed to practice medicine.
2.
No employee of the parish shall report to, or be at, the worksite while in a state of impairment or intoxication.
3.
No employee shall possess, consume or distribute in any form, method or for any purpose, any of the aforementioned substances or materials.
4.
Any employee required to take prescription drugs that may impair his/her abilities to drive a vehicle or to make split-second decisions shall report this to his/her supervisor who shall alter the employee's job assignment without retribution to the employee.
5.
No employee shall operate any piece of equipment, machinery, or tools belonging to the parish while in a state of impairment or intoxication caused by any substance (to include over-the-counter medication) regardless of the nature of the substance or the method of ingestion.
6.
All property belonging to the parish shall be subject to inspection at any time. There shall be no expectation of privacy concerning:
a.
Property belonging to the parish, including but not limited to: parish-owned vehicles, desks, files, containers, foot lockers, tool chests, etc.
b.
Any employee's locker (or aforementioned item/property) and it shall be subject to inspection at any time, in the presence of the employee, by the chief administrative officer (hereinafter "the CAO") or the duly designated representative of the parish.
7.
Any employee who has reasonable suspicion to believe that another employee is involved in the illegal manufacture, possession, use, and/or distribution of a dangerous or illegal substance shall notify the CAO.
8.
Any employee who has reason to believe that another employee is abusing the legal use of prescription drugs shall notify the CAO.
9.
Any employee who has reason to believe that another employee is abusing the legal use of over-the-counter medication shall notify the CAO, who shall require the employee to be tested.
10.
All employees of St. Mary Parish Government, its various sections and those of other sections cross-trained to work in various regulated activities shall be tested in accordance with D.O.T. Regulations.
11.
Sensitive positions which require random testing in accordance with the Executive Order and this plan are identified at Annex A. All employees who are assigned to these sensitive positions shall be subject to random testing.
II.
NATURE, FREQUENCY AND TYPE OF DRUG TESTING TO BE INSTITUTED
Section 503 of the Act required the parish plan to specify the nature, frequency, and type of drug testing to be instituted. The parish plan includes the following types of drug testing: (1) Applicant testing; (2) Random testing of those employees in sensitive positions that have been designated as testing designated positions; (3) Reasonable suspicion testing; (4) Post-Accident or unsafe practice testing; (5) Voluntary testing; and, (6) Testing as part of or as follow-up of counseling or rehabilitation (return-to-duty testing).
III.
DRUGS FOR WHICH INDIVIDUALS OF ST. MARY PARISH GOVERNMENT ARE TESTED—RANDOM TESTINGS
Section 503 of the Act required the parish to specify the drugs for which individuals of the parish shall be tested. The parish will test for the following drugs: marijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP).
IV.
DRUG TESTING FOR SENSITIVE POSITIONS
For employees assigned to sensitive positions, the parish shall test for the following drugs: marijuana, cocaine, opiates, amphetamines, PCP, barbiturates, and bezodiazipines.
RANDOM TESTING
V.
SENSITIVE POSITIONS DESIGNATED FOR RANDOM TESTING
The Federal Program requires random testing for employees in sensitive positions, subject to criteria prescribed by the CAO and the council. As specified in Annex A hereto of this plan, the CAO and council has determined that these sensitive positions are testing designated positions subject to random testing.
VI.
DETERMINING THE TESTING DESIGNATED POSITIONS
Among the factors the CAO and council has considered in designating a testing designated position, are the extent to which the parish:
1.
Considers its mission inconsistent with illegal drug use;
2.
Must foster public trust by preserving employee reputation for integrity, honesty, and responsibility;
3.
Has drug interdiction responsibilities, or
4.
Has position which:
a.
Give employees access to sensitive information;
b.
Require employees to engage in activities affecting public health or safety.
These positions are characterized by critical safety or security responsibilities as related to the mission of the parish. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life and property. These positions are identified for random testing because they require the highest degree of trust and confidence. The CAO and council reserves the right to add or delete positions determined to be testing designated positions pursuant to the criteria established in the executive order and this plan.
VII.
IMPLEMENTING RANDOM TESTING: ALL ST. MARY PARISH GOVERNMENT POSITIONS
In implementing the program of random testing the CAO may:
1.
Conduct random testing on an "as-needed" basis;
2.
Ensure the means of random selection remains confidential;
3.
Evaluate periodically whether the number of employees testing and the frequency with which those tests will be administered satisfy the parish's duty to achieve a drug-free work force.
VIII.
NOTIFICATION OF SELECTION
An individual selected for random testing, and the individual's first-line supervisor, shall be notified the same day the test is scheduled, preferable, within two hours of the scheduled testing. The supervisor shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.
IX.
DEFERRAL OF TESTING
An employee selected for random drug testing may obtain a deferral of testing if the employee's first-line and higher-level supervisors concur that a compelling need necessitates a deferral on the grounds that the employee is:
1.
In a leave status (sick, vacation, administrative, or leave without pay); or
2.
In official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification.
An employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days.
The parish shall administer every 12 months a number of random drug tests. Employees shall be selected for testing by using a random number table or a computer based random number generator that is matched with the employee's social security number, payroll identification number, or other appropriate identification number.
The scheduling, spread and requirements for testing during the first 12 months of the program shall be in accordance with Sections 199.11 of the DOT Regulations.
REASONABLE SUSPICION TESTING
X.
GROUNDS
Reasonable suspicion testing may be based upon, among other things:
1.
Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;
2.
A pattern of abnormal conduct or erratic behavior;
3.
Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking;
4.
Information provided either by reliable and credible sources or independently corroborated; or
5.
Newly discovered evidence that the employee has tampered with a previous drug test.
Although reasonable suspicion testing does not require certainty, mere "hunches" are not sufficient to meet this standard.
XI.
PROCEDURES
If an employee is suspected of using illegal drugs, the department head will gather all information, facts, and circumstances leading to and supporting this suspicion and report such information to the CAO.
When higher-level concurrence of a reasonable suspicion determination has been made, the department head will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing. This report should include the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rationale leading to the test, and the action taken.
XII.
OBTAINING THE SAMPLE
The employee may be asked to provide the urine sample under observation in accordance with criteria in Section XVIII.
XIII.
SUPERVISORY TRAINING
In accordance with this policy, supervisors will be trained to address illegal drug use of employees, to recognize facts that give rise to a reasonable suspicion, and to document facts and circumstances to support a finding of reasonable suspicion. Failure to receive such training, however, shall not invalidate otherwise proper reasonable suspicion testing.
ADDITIONAL TYPES OF TESTING
XIV.
ACCIDENT OR UNSAFE PRACTICE TESTING
The parish is committed to providing a safe and secure work environment. Employees involved in an on-the-job accident or who engage in unsafe on-duty job-related activities that pose a danger to others or the overall operation of the parish, may be subject to testing. Accident or unsafe practice testing will be conducted immediately after the incident. Based on the circumstances of the accident or unsafe act, the department head shall initiate testing when such circumstances involve:
1.
A death or personal injury requiring more than first-aid treatment, or
2.
Damage to government or private property.
XV.
VOLUNTARY TESTING
In order to demonstrate their commitment to the parish's goal of a drug-free workplace and to set an example for other employees not in testing designated positions, employees may volunteer for unannounced random testing by notifying CAO. These employees will then be included in the pool of testing designated positions subject to random testing, and be subject to the same conditions and procedures included in the provisions for voluntary referral. Volunteers shall remain in the testing designated position pool until they withdraw from participation by notifying the CAO of such intent at least 48 hours prior to a scheduled test.
XVI.
FOLLOW-UP TESTING
All employee referrals through administrative channels who undergo a counseling or rehabilitation program for illegal drug use through the EAP will be subject to unannounced testing following completion of such a program for a period of two years. Such employees shall be tested at the frequency stipulated in the abeyance contract, or, in the alternative, at an increased frequency of once a month. Such testing is distinct from testing which may be imposed as a component of the EAP.
TEST PROCEDURES IN GENERAL
XVII.
MANDATORY GUIDELINES FOR FEDERAL WORKPLACE DRUG TESTING
The parish shall adhere to the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services consistent with the authority granted by Executive Order 12564, and to the requirements of Section 503 of the Act. The parish's drug testing component shall have professionally trained collection personnel, quality assurance requirements for urinalysis procedures, and strict confidentiality requirements.
XVIII.
PRIVACY ASSURED
Any individual subject to testing under this plan, shall be permitted to provide urine specimens in private, and in a restroom stall or similar enclosure so that the employee is not observed while providing the sample. Collection site personnel of the same gender as the individual tested, however, may observe the individual provide the urine specimen when such personnel have reason to believe the individual may alter or substitute the specimen to be provided. Collection site personnel may have reason to believe that a particular individual may alter or substitute the specimen to be provided when:
1.
The individual:
a.
Is being tested pursuant to this policy relating to reasonable suspicion testing;
b.
Has previously been found by the parish to be an illegal drug user; or
c.
Has previously tampered with a sample; or
2.
Fact and circumstances suggest that the individual:
a.
Is an illegal drug user;
b.
Is under the influence of drugs at the time of the test; or
c.
Has equipment or implements capable of tampering with or altering samples; or
3.
The specimen:
a.
Has a temperature outside the range of 32.5—37.7 degrees C./90.5—99.8 degrees F; or
b.
Shows signs of contaminants.
XIX.
FAILURE TO APPEAR FOR TESTING
Failure to appear for testing without a deferral will be considered refusal to participate in testing, and will subject an employee to the range of disciplinary actions, including dismissal, and an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the CAO to obtain guidance on action to be taken.
XX.
OPPORTUNITY TO JUSTIFY A POSITIVE TEST RESULT
When a confirmed positive result has been returned by the laboratory, medical review officer shall perform the duties set forth in the mandatory guidelines. For example, the medical review officer may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. The medical review officer must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Evidence to justify a positive result may include, but not limited to:
1.
A valid prescription; or
2.
A verification from the individual's physician verifying a valid prescription.
Individuals are not entitled, however, to present evidence to the medical review officer in a trial-type administrative proceeding, although the medical review officer has the discretion to accept evidence in any manner the medical review officer deems most efficient or necessary. If the medical review officer determines there is no justification for the positive result, such result will then be considered a verified positive test result. The medical review officer shall immediately contact the CAO upon obtaining a verified positive test result.
XXI.
EMPLOYEE COUNSELING AND ASSISTANCE
While participating in a counseling or rehabilitation program, and at the request of the program, the employee may be exempted from the random testing designated positions pool for a period not to exceed 60 days, or for a time period specified in an abeyance contract or rehabilitation plan approved by the CAO. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to this policy.
XXII.
SPECIAL DUTIES AND RESPONSIBILITIES
A.
Drug program coordinator. The personnel director shall be the drug program coordinator for the parish, assigned to carry out the purposes of this plan. The drug program coordinator shall be responsible for implementing, directing, administering, and managing the drug program within the parish. The drug program coordinator shall serve as the principal contact with the laboratory and for collection activities in assuring the effective operation of the testing portion of the program. In carrying out his responsibilities, the drug program coordinator shall, among other duties:
1.
Arrange for all testing authorized under this order;
2.
Ensure that all employees subject to random testing receive individual notice prior to implementation of the program, and that such employees return a signed acknowledgement of receipt form;
3.
Document, through written inspection reports, all results of laboratory inspections conducted;
4.
Coordinate with and report to the CAO on drug program coordinator activities and findings that may affect the reliability or accuracy of laboratory results;
5.
In coordination with the personnel officer, publicize and disseminate drug program educational materials, and oversee training and educational sessions regarding drug use and rehabilitation; and,
6.
Coordinate all drug program coordinator duties in field offices wherever possible to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
B.
Medical review officer. The parish shall appoint a medical review officer who shall be assigned to carry out the purposes of this plan consistent with Section 199.15 of the Department of Transportation Regulations. The medical review officer shall, among other duties:
1.
Receive all laboratory test results;
2.
Assure that an individual who has tested positive has been afforded an opportunity to discuss the test result in accordance with this plan;
3.
Consistent with confidentiality requirements, refer written determinations regarding all verified positive test results to the CAO including a positive result has been verified, together with all relevant documentation and a summary of findings;
4.
Confirm with the CAO whether an individual who has been tentatively selected for employment with the parish has obtained a verified positive test result;
5.
Coordinate with and report to the parish on all activities and findings on a regular basis;
6.
Coordinate all medical review officer duties in field offices wherever possible to conserve resources and to efficiently and speedily accomplish reliable and accurate testing objectives.
C.
Department heads and supervisors. Supervisors will be trained to recognize and address illegal drug use by employees, and will be provided information regarding referral of employees to the CAO procedures and requirements for drug testing and behavioral patterns that give rise to a reasonable suspicion that an employee may be using illegal drugs. Except as modified by the CAO to suit specific program responsibilities, first-line supervisors shall:
1.
Attend training sessions on illegal drug-use in the workplace;
2.
Be aware that the plan will include both voluntary and mandatory testing;
3.
Know that those who hold positions selected for random testing will also receive an individual notice, prior to the commencement of testing, indicating that their position has been designated a testing designated position;
4.
Know the availability and procedures necessary to obtain counseling and rehabilitation;
5.
Know the circumstances under which testing may occur;
6.
Know that opportunity will be afforded to submit medical documentation of lawful use of an otherwise illegal drug;
7.
Know that the laboratory assessment is a series of tests which are highly accurate and reliable, and that, as an added safeguard, laboratory results are reviewed by the medical review officer;
8.
Know that positive test results verified by the medical review officer may only be disclosed to the employee, his supervisor, and the CAO necessary to process an adverse action against the employee, by a court of law or by the civil service board, as appropriate;
9.
Know that all medical and rehabilitation records in the plan will be deemed confidential "patient" records and may not be disclosed without the prior written consent of the patient, an authorizing court order, or otherwise as permitted by federal law, all such records shall be in possession of the personnel director.
D.
Individual notice. In addition to the information provided in the general notice, an individual notice will be distributed to all employees in testing designated positions explaining:
1.
That the employee's position has been designated a "testing designated position";
2.
That the employee will have the opportunity to voluntarily admit to being a user of illegal drugs and to receive counseling or rehabilitation (at their own cost) in which case disciplinary action is not required;
3.
That the employee's position will be subject to random testing no sooner than 30 days following the notice.
E.
Signed acknowledgement. Each employee in a testing designated position shall be asked to acknowledge in writing that the employee has received and read the notice which states that the employee's position has been designated for random drug testing and that refusal to submit to testing will result in initiation of disciplinary action, up to and including dismissal. If the employee refuses to sign the acknowledgement, the employee's supervisor shall note on the acknowledgement form that the employee received the notice. The acknowledgement, which is advisory only, shall be centrally collected for easy retrieval by the CAO. An employee's failure to sign the notice shall not preclude testing that employee, or otherwise affect the implementation of this order since the general 60-day notice will previously have notified all agency employees of the requirement to be drug-free.
F.
Administrative relief. If an employee believes his or her position has been wrongly designated a testing designated position, that employee may file an administrative appeal to the CAO who has authority to remove the employee from the testing designated position list. The appeal must be submitted by the employee, in writing, through his supervisor to the CAO within 15 days of notification, setting forth all relevant information. The CAO shall review the appeal based upon the criteria applied in designating that employee's position as a testing designated position. The CAO decision is final and is not subject to further administrative review.
XXIII.
FINDING OF DRUG USE AND DISCIPLINARY CONSEQUENCES
A.
Determination. An employee may be found to use illegal drugs on the basis of any appropriate evidence including, but not limited to:
1.
Direct observation;
2.
Evidence obtained from an arrest or criminal conviction;
3.
A verified positive test result; or
4.
An employee's voluntary admission.
B.
Mandatory administrative actions. The parish shall refer an employee found to use illegal drugs to the CAO, and, if the employee occupies a sensitive position, immediately remove the employee from that position without regard to whether it is a testing designated position. An employee who fails a drug test may not return to duty until his supervisor has determined that the employee has completed an employee assistance program and the employee passes a drug test, the cost of both which he shall pay. An employee who returns to duty shall be subject to a reasonable program of follow-up drug testing without prior notice for not more than 24 months after his or her return to duty.
C.
Range of consequences. Disciplinary action taken against an employee found to use illegal drugs may include the full range of disciplinary actions, including removal. The severity of the action chosen will depend on the circumstances of each case, and will be consistent with the executive order and this plan. The parish shall initiate disciplinary action against any employee found to use illegal drugs provided that such action is not required for an employee who voluntarily admits to illegal drug use, and obtains counseling or rehabilitation (at his own cost), and thereafter refrains from using illegal drugs.
Such disciplinary action, consistent with the requirements of the parish and civil service regulations orders and regulations, may include any of the following measures, but some disciplinary action must be initiated:
1.
Reprimanding the employee in writing;
2.
Placing the employee in an enforced leave status;
3.
Suspending the employee for 14 days or less;
4.
Suspending the employee for 15 days or more;
5.
Suspending the employee until the employee successfully completes the employee assistance program or until the parish determines that action other than suspension is more appropriate;
6.
Removing the employee from service.
D.
Initiation of mandatory removal. The parish shall initiate action to remove an employee for:
1.
Refusing to obtain counseling or rehabilitation through the plan as required by the executive order and this plan after having been found to use illegal drugs;
2.
Not refraining from illegal drug use after a first finding of such use.
E.
Enforcement. After a review of all data, including any defenses or additional test results produced by the employee, appropriate action will be taken by the CAO, subject to review and approval by the director of personnel:
(a)
Refusal or failure to submit to a test—Termination.
(b)
Submission of an adulterated or substitute sample in the testing process—Termination.
(c)
Buying, selling, dispensing, distributing or possession of an illegal or controlled dangerous substance or unauthorized alcohol while on duty or on parish premises—Termination.
(d)
Unjustifiable possession of drug-related paraphernalia on duty or on parish premises—Suspension and/or termination.
(e)
Unjustifiable possession of an excess quantity of legal (prescription) drugs—Suspension and/or termination.
(f)
Positive test result for illegal or controlled dangerous substance:
1st Offense: Suspension without pay until completion of EAP program and negative retest result, such second test to be at employee's expense. Parish may retest at any time for two years following first positive test,
2nd Offense: Termination.
(g)
Positive blood alcohol level: suspension and/or termination.
F.
Voluntary referral. Under Executive Order 12564 and this plan, the parish is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except that such discipline is not required for an employee who (1) voluntarily admits his or her drug use; (2) completes counseling or an employee assistance program; and (3) thereafter refrains from drug use.
The decision whether to discipline a voluntary referral will be made by the parish on a case by case basis depending upon the facts and circumstances. Although an absolute bar to disciplinary action cannot be provided for certain positions because of their extreme sensitivity, the parish, in determining whether to discipline, shall consider that the employee has come forward voluntarily. In coming forward voluntarily, an employee may volunteer for a drug test as a means of identification. The results of this test, however, shall not constitute a second finding of illegal drug use.
XXIV.
DRUG TESTING POLICY FOR NEW JOB APPLICANTS
1.
On or after July, 1990, any person who applies for any position with the parish shall submit a drug-screening urinalysis as part of his pre-employment medical exam.
a.
The positive results of an applicant's drug test shall be grounds for rejection, provided that a prescription for any drug identified in the test had not been previously issued by a physician and provided any existing prescription is not current.
b.
Applicants found to test positive to a particular drug, whether obtained legally or illegally, may be rejected.
c.
Any applicant refusing to submit to drug testing during the pre-employment medical exam shall be rejected.
2.
All applicants must provide a listing of prescription and non-prescription drugs at the time of the test.
3.
Applicants must present a valid prescription upon request.
XXV.
DRUG TESTING PROCEDURAL REQUIREMENTS
1.
As a minimum requirement, all testing and education done in conjunction with this program, must be in accordance with Transportation Safety Institute Pipeline Safety Regulations, Part 199 (current through Amendment 3) and the Louisiana Labor and Worker's Compensation Statue, Title 23 of the Louisiana Revised Statues of 1950. Additionally certification and compliance with the specifications of the Drug Free Work Place Act of 1988 is required.
2.
Copies and/or excerpts of the aforementioned rules or regulations have been included hereto as Attachments 1, 2, and 3. Supersessions and changes shall be automatically posted and considered in force and applicable at the time of their receipt.
3.
Drug testing agencies/laboratories must, as a minimum, meet the specifications outlined in section 199.13 of Transportation Safety Institute Pipeline Safety Regulation, Part 199 (Current through Amendment 3), in accordance with the DOT Regulations.
4.
A review of drug testing results and appointment of a medical review officer shall be accomplished in accordance with section 199.15 of the DOT Regulation.
5.
The drug testing facility/laboratory shall follow procedures for retention of samples and retesting in accordance with section 199.17 of the DOT Regulations.
6.
An employee assistance program shall be established in accordance with section 199.19 of the DOT Regulations.
7.
Employees of contractors must meet the standards of this program and, as a minimum, be in accordance with section 199.21 of the DOT Regulations.
8.
All records associated with this program will be treated as confidential correspondence and kept in accordance with section 199.23 of the DOT Regulation.
XXVI.
PROCESSING URINE SAMPLE (NON-DOT TESTING)
1.
The testing methods used shall be capable of identifying marijuana, cocaine, opiates, amphetamines, PCP, barbiturates, and benzodiazipines. Personnel utilized for testing shall be qualified and trained/certified to conduct urinalysis.
2.
The test shall consist of a two-step procedure:
a.
Initial screening
b.
Confirmation by GCMS
3.
Any initial screening that proves to be positive shall be confirmed by mass spectrometer before being reported to the CAO as a positive report.
4.
The time frame between a confirmation pending and a positive confirmation shall not exceed five days.
5.
Notification of the confirmation pending or the confirmation positive shall be reported initially to the medical review officer.
6.
Any sample which proves to be positive upon confirmation shall be retained in a frozen state for a period of 365 days to allow the employee adequate time for further testing in case of dispute. An employee asking for a re-verification of a positive test may do so, at his or her own expense. The employee must make a written request for retesting within 60 days of receipt of the final test result from the medical review officer.
7.
The drug testing facility/laboratory selected shall be experienced and capable of quality control, documentation, chain of custody techniques, and be willing to provide testimony in cases that result in an adversary hearing.
8.
Additionally, for DOT testing and confirmation of a positive, the selected laboratory must, as a minimum, be certified by NIDA (National Institute on Drug Abuse).
9.
Employees who are found to be drug free will be notified in writing and may, if they choose, have a copy of the notification placed in their personnel file.
XXVII.
PENALTIES
1.
Failure to comply with the intent of the policies and procedures contained herein shall result in disciplinary action to include possible termination.
2.
Positive test results shall be grounds for action by the director of personnel recommended by the CAO. This action may require the employee to submit to an approved mandatory substance abuse program, psychological or approved lay counseling, medical, treatment, or dismissal.
3.
Changes in job assignments may result in cases of illegal drug use or the abuse of legal prescription or non-prescription medications.
4.
All information received by the parish concerning this program is deemed confidential communication.
XXVIII.
TRAINING REQUIREMENTS
1.
All supervisors and managers shall attend a one-hour training session on supervisor duties and responsibilities.
2.
All employees, including supervisors and managers, shall attend a one and one-half-hour training session on the drug program/policy, and drug testing procedures conducted by the selected drug testing company.
3.
New hire training shall be conducted via VCR tape to be provided.
XXIX.
ALCOHOL TESTING PROVISIONS
The parish recognizes that alcohol is a drug. Further, the parish recognizes alcohol's wide use, its selectively addictive nature, and the number of alcohol-related deaths and injuries that occur each year. Due to the legality of its consumption, its exclusion from department of transportation testing, and the way it is metabolized by the body, it is suggested that the solution to alcohol abuse is different from drugs such as marijuana and cocaine.
In order to provide protection for the employee and the community, the following procedures are implemented as an addendum to the drug policy:
1.
The possession, consumption, and/or distribution of ethyl alcohol by parish employees while on duty will be grounds for disciplinary action and/or termination.
2.
The storage, concealment, and/or transportation of ethyl alcohol on or by the use of parish property will be grounds for disciplinary action to include termination.
3.
The operation of parish vehicles, equipment, tools, or systems while under the influence of ethyl alcohol (.04 percent or higher) or while drunk, (.10 percent blood alcohol content or higher) will be grounds for disciplinary action to include termination as well as possible civil or criminal action.
4.
Blood alcohol concentration testing (BAC) may be conducted by trained and/or certified technicians or operators (to include but not limited to police and medical personnel) and may be used to determine alcohol abuse by employees.
5.
For the purpose of this policy, use of alcohol or alcohol intoxication while on duty by a parish employee shall constitute abuse.
6.
Violations of the standards or intent of this program shall be grounds for action to include mandatory inclusion in an approved alcohol rehabilitation program (at their own cost) or termination.
7.
Alcohol testing may be not included in DOT testing without prior approval. However, this should in no way be construed as an exception from the alcohol policy.
XXX.
DRUG AND ALCOHOL REHABILITATION PROGRAM
The parish recognized the compulsive and addictive nature of substance abuse. Additionally, it is well documented the difficulty most persons experience when attempting withdrawal from drug use or breaking the pattern of substance abuse.
Therefore, it is felt that some consideration must be given to the rehabilitative process of a parish employee identified as having a substance abuse problem.
Due to the legal status of the drug ethyl alcohol and the prevalence of alcohol abuse in our society, rehabilitation from alcohol abuse will be treated as a separate situation from illegal or prescription drugs.
XXXI.
ALCOHOL ABUSE REHABILITATION PROGRAM
Should a parish employee be identified as experiencing problems with alcohol, it is felt every legitimate attempt should be made to successfully rehabilitate the employee. This attempt must, of necessity, involve certain actions on the part of the parish and certain actions on the part of the employee.
Therefore, the rehabilitation contract attached hereto as an enclosure shall be signed by the identified employee and the designated representative of the parish.
XXXII.
EXHIBITS
Enclosures included with this plan:
ANNEX A: Positions Designated for Random Testing and Designation of Other Safety Sensitive Positions
ANNEX B: Forum: Drug Testing Symposium
ANNEX C: Employee Consent and Release Form
ANNEX D: Applicant Consent and Release Form
ANNEX E: Contraband Control and Urinalysis Drug Screening Policy
ANNEX F: Standard Practice Procedure Receipt Acknowledgement
ANNEX G: Rehabilitation Contract Forms
ANNEX H: Notice of Designated Position
ATTACHMENT I: D.O.T. Pipeline Safety Regulations, Part 199
ATTACHMENT II: Louisiana Worker's Compensation Statue - 23:1601
ATTACHMENT III: Drug-Free Work Place Act of 1988
Editor's note
It should be noted that the annexes and attachments enumerated in the above section are not set out herein, but are on file and available for inspection in the offices of the parish.