About

Policy 1412 – Employee Drug Testing Policy

Revision Date: 8/17/2016

Original Effective Date: 7/1/1999

Responsible Office: Department of Human Resources

Reference: La. R.S. 49:1001 et seq., Executive Order No. BJ 2008-69, DOA Policy No. 27.


PURPOSE

To establish a formal policy related to a drug free workplace. 

APPLICABILITY

This policy shall apply to all employees of Louisiana Tech University. 

POLICY

Louisiana Tech University believes that the workplace should be free from the risks
associated with the use of alcohol and drugs.  The University has a legitimate interest
in promoting reasonable working conditions and is committed to providing a safe and
healthy environment for employees, students, and the general public. 

The employees of Louisiana Tech University are the University’s most valuable resources,
and the physical and mental well-being of these employees is necessary for them to
properly carry out their responsibilities.

Substance abuse causes serious adverse consequences to users, impacting their productivity,
health and safety, dependents, co-workers, and the general public. Therefore, the
University will not tolerate any substance abuse, or use which imperils the health
and well-being of its employees or threatens its services to the public.

The establishment of a drug-free workplace promotes safety, reduces absenteeism, and
job related accidents, while enhancing overall job performance, productivity levels,
and the image and reputation of this agency and its employees. Furthermore, employees
have the right to work in a drug and alcohol-free environment and to work with persons
free from the effects of drug or alcohol abuse.

The State of Louisiana has a long-standing commitment to working toward a drug-free
workplace. In order to curb the use of illegal drugs by employees of the State of
Louisiana, the Louisiana Legislature enacted laws which provide for the creation and
implementation of drug testing programs for State employees. Further, the Governor
of the State of Louisiana issued Executive Order No. BJ 2008-69, it provides for the
promulgation of written policies mandating drug testing of employees, appointees,
prospective employees and prospective appointees, pursuant to Louisiana Revised Statute
49:1001, et seq. 

Early recognition and treatment of drug dependency are essential to successful rehabilitation.
Employees with substance abuse problems will be treated in a similar fashion to those
with other illnesses or diseases. When an employee is treated in a bona fide rehabilitation
program, absences will be handled in accordance with existing Louisiana Tech University
policies regarding disability, sick leave, or leave of absence. Those employees recognizing
a substance abuse problem should feel free to seek assistance from their supervisor
or healthcare provider.

Employees seeking such assistance shall be protected from abuse, retribution, and
retaliatory action. Any employee participating in a counseling/rehabilitation program
will be expected to maintain satisfactory job performance as defined by their supervisor. 

DEFINITIONS

A. CAP-FUDT-Certified Laboratory – a laboratory certified for forensic drug testing by the College of American Pathologists. 

B. Controlled Substance – any drug, chemical substance or immediate precursor in Schedules I through V of R.
S. 40:964 or Section 202 of the Controlled Substances Act (21 U.S.C. 812). 

C. Conviction – a finding of guilt (including a plea of nolo contendere) or imposition of sentences,
or both, by any judicial body charged with the responsibility to determine violation
of the Federal or State criminal drug statutes. 

D. Criminal Drug Statute – a criminal statute involving manufacture, distribution, dispensation, use or possession
of any controlled substance. 

E. Drug-Free Workplace – a site for the performance of work at which employees are prohibited from engaging
in the unlawful manufacture, distribution, dispensation, possession or use of a controlled
substance, in accordance with the Federal Drug-Free Workplace Act of 1988. 

F. Employee – unclassified, classified, and student employees, student interns, and
any other person having an employment relationship with Louisiana Tech University,
regardless of the appointment type (e.g. fulltime, part-time, temporary, etc.). 

G. Illegal Drug – any drug which is not legally obtainable or which has not been legally obtained, to
include prescribed drugs not legally obtained and prescribed drugs not being used
for prescribed purposes or being used by one other than the person for whom prescribed. 

H. Medical Review Officer – a licensed physician responsible for receiving laboratory results generated by the
employer or testing entity drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate an individuals’
positive test result together with his medical history and any other relevant biomedical
information. 

I. Reasonable Suspicion – belief based upon reliable, objective and articulable facts derived from direct observation
of specific physical, behavioral, odorous presence, or performance indicators and
being of sufficient import and quantity to lead a prudent person to suspect that an
employee is in violation of this policy. 

J. Safety-Sensitive or Security-Sensitive Position – a position determined to contain duties of such nature that the compelling State interest
to keep the incumbent drug-free outweighs the employees’ privacy interests. If any
position within Louisiana Tech University is determined to be safety-sensitive or
security-sensitive within the meaning of this policy, that position shall be identified
by job title on a list which shall be attached hereto and made a part hereof. 

Such list shall be determined with consideration of statutory law, jurisprudence,
the practices of the agency and the following examples of safety-sensitive and security-sensitive
positions. 

  1. Positions with duties that are required or are authorized to perform the safety inspection
    of a structure; 
  2. Positions with duties that are required or are authorized to have access to a prison
    or incarcerated individual; 
  3. Positions with duties that are required or are authorized to carry a firearm; 
  4. Positions with duties that allow access to controlled substances (drugs); 
  5. Positions with duties that are required or are authorized to inspect, handle, or transport
    hazardous waste as defined in R. S. 30:2173(2) or hazardous material as defined in
    R. S. 32:1502(5);Positions with duties that are required or are authorized to exercise any responsibility
    over power plant equipment; 
  6. Positions with duties that are required or are authorized to exercise any responsibility
    over power plant equipment; 
  7. Positions with duties that require instructing or supervising any person to operate
    or maintain, or that may require or authorize operating or maintaining, any heavy
    equipment or machinery; and 
  8. Positions with duties that require or authorize the operation or maintenance of a
    commercial public vehicle or the supervision of such employee as a part of their regular
    job duty. 

K. SAMHSA-Certified Laboratory – a laboratory certified for forensic urine drug testing by the Substance Abuse and
Mental Health Services Administration of the U.S. Department of Health and Human Services
(formerly NIDA or National Institute on Drug Abuse). 

L. Workplace – any location on agency property including all property, offices and facilities (including
all vehicles and equipment) whether owned, leased or otherwise used by Louisiana Tech
University or by an employee on behalf of Louisiana Tech University in the conduct
of its business, in addition to any location from which an individual conducts Louisiana
Tech University business. 

PROCEDURES:

A. POLICY STANDARDS

  1. Reporting to work or performing work with illegal drugs or controlled substances or
    while under the influence of and impaired by illegal drugs or alcohol is prohibited. 
  2. The illegal use, possession, dispensation, distribution, manufacture, or sale of controlled
    substances by employees at the work site, while on official State business off the
    work site, and while on call for duty is prohibited. 
  3. Violations of such prohibitions by Louisiana Tech University employees including refusal
    to submit to drug testing when properly ordered to do so, is considered conduct detrimental
    to University service and may result in disciplinary action up to and including termination,
    and/or a directive to participate in a rehabilitation program. 
  4. Employees are required to notify their supervisor within five (5) days of conviction
    under any criminal drug statute where such conviction is the result of activity occurring
    in the workplace, while on official business, during work hours, or when on call for
    duty. An employee, who is convicted of violation of any criminal drug statute in the
    work situations stipulated in this subsection, may be subject to disciplinary action
    and/or a directive to participate in a rehabilitation program. 
  5. Pursuant to the Federal Drug-Free Workplace Act of 1988, the University shall report
    any criminal drug statute convictions listed in Subsection D to the Federal agency
    from which grants or contracts are received within ten (10) days after receiving notice
    from the employee or otherwise receiving actual notice of such conviction. 
  6. Employees will be given a copy of the Louisiana Tech University Employee Drug Testing
    Policy. Employees will be informed that they must abide by the terms of the policy
    as a condition of employment or continued employment. They will also be informed of
    the consequences of any violation of such policy. Notification of this policy shall
    be required as part of the orientation for new employees. 

To assure maintenance of a drug-free workforce, it shall be the policy of Louisiana
Tech University to implement a program of drug testing, in accordance with R. S. 49:1001,
et seq., and all other applicable Federal and State laws, as set forth below. 

B. DRUG TESTING

Drug testing pursuant to this policy shall be conducted for the presence of marijuana,
opioids, cocaine, amphetamines, and phencyclidine, in accordance with the provisions
of R. S. 49:1001, et seq. Louisiana Tech University reserves the right to test its employees for the presence
of any other illegal drug or controlled substance when there is reasonable suspicion
to do so.

The Department of Human Resources shall be involved in any determination that one
of the above-named conditions requiring drug testing exists. Upon such determination,
Human Resources shall notify the supervisor of the employee to be tested, who shall
immediately notify the employee where and when to report for the testing.

At a minimum, the testing service shall assure the following.

  1. All specimen collections shall be performed in accordance with applicable Federal
    and State regulations and guidelines to ensure the integrity of the specimens and
    the privacy of the donors. Human Resources shall review and concur in advance with
    any decision by a collection site person to obtain a specimen under direct observation.
    All direct observation shall be conducted by a same gender collection site person. 
  2. Chain of custody forms shall be provided to ensure the integrity of each urine specimen
    by tracking its handling and storage from point of collection to final disposition. 
  3. Testing shall be performed by a SAMHSA- or CAP-FUDT-certified laboratory. 
  4. The laboratory shall use a cut-off of 50 ng/ml for a positive finding in initial testing
    for marijuana. 
  5. All tests of employees that are reported as positive by the laboratory must be confirmed
    by Gas Chromatography/Mass Spectrometry. 
  6. All positive results of drug-testing shall be reported by the laboratory to a qualified
    medical review officer. 

C. CONDITIONS REQUIRING DRUG TESTS

Louisiana Tech University shall require drug testing under the following conditions. 

  1. Reasonable Suspicion: Any employee shall be required to submit to a drug test if there
    is reasonable suspicion that the employee is using drugs. 
  2. Post-accident: Post-accident testing of an employee is required for the presence of
    drugs or alcohol following any accident if the accident occurred during the course
    and scope of employment, which necessitates, or should reasonably necessitate, medical
    attention to the employee as determined by the employee, the employee’s supervisor,
    or the department head, regardless of whether the employee actually desires, agrees
    to, seeks, or receives medical attention.  In addition to the above, each employee
    involved in an accident that occurs during the course and scope of employment shall
    be required to submit to a drug test if the accident, (a) involves circumstances leading
    to a reasonable suspicion of the employees’ drug use, (b) results in a fatality, or
    (c) results in or causes the release of hazardous waste as defined in R. S. 30:2173(2)
    or hazardous materials as defined in R. S. 32:1502(5). 
  3. Randomly, as a part of a monitoring program established by the executive agency to
    assure compliance with terms of a rehabilitation agreement; 
  4. Prior to hiring or promoting an employee to a safety-sensitive or security sensitive
    position or promoting to a higher safety-sensitive or security sensitive position;
    and 
  5. Randomly, for all employees in safety-sensitive or security sensitive positions. 

D. CONFIDENTIALITY

All information, interviews, reports, statements, memoranda, and/or test results received
by Louisiana Tech University through its drug testing program are confidential communications,
pursuant to R.S. 49:1012, and may not be used or received in evidence, obtained in
discovery, or disclosed in any public or private proceedings, except in an administrative
or disciplinary proceeding or hearing, or civil litigation where drug use by the tested
individual is relevant. 

E. RESPONSIBILITY

The Department of Human Resources is responsible for assuring that each employee of
Louisiana Tech University receives a copy of this policy, signs an acknowledgement
of receipt form, and understands or is given the opportunity to understand and have
questions answered about its contents. 

F. VIOLATION OF THE POLICY

Violation of this policy, including refusal to submit to drug testing when properly
ordered to do so, shall result in actions up to and including termination of employment,
and in the case of post-accident testing, may result in the denial of worker’s compensation
benefits. Each violation and alleged violation of this policy shall be handled on
an individual basis, taking into account all data, including the risk to self, fellow
employees, and the general public.

Upon receipt of official notification that an employee’s confirmatory drug test was
positive, the employees’ supervisor may offer the employee the opportunity to undergo
rehabilitation as an alternative to disciplinary action. Such rehabilitation program
shall be acceptable to the Director and shall be completed at the employee’s expense.
The employee shall be required to sign a rehabilitation agreement, which specifies
the nature and duration of the rehabilitation program and which provides for periodic
random testing for a period not to exceed five years.