§ 1-159. Substance abuse testing.

(a)

Applicants for employment. All individuals applying for any employment position with the parish shall be informed that a pre-employment substance abuse test shall be required as part of the application process.

(b)

Employee testing—Category I. Category I. Positions where the health, welfare and/or safety of the public, co-employees and the individual employee is at risk shall be deemed "safety sensitive" positions, including but not limited to the following:

(1)

Firefighters;

(2)

Juvenile detention workers;

(3)

Nurses;

(4)

Traffic signal maintenance;

(5)

Positions that require or allow the carrying of a firearm;

(6)

Operation of motorized vehicles, including automobiles, trucks, tractors, or other heavy equipment;

(7)

Positions that require the handling or use of highly volatile or explosive materials;

(8)

Positions that require or allow the operation of dangerous equipment;

(9)

Positions that entail working in dangerous conditions;

(10)

Positions that require the handling or use of chemical substances.

All applicants for Category I positions shall be required to satisfactorily pass a substance abuse screening prior to employment or promotion into any Category I position.

All employees who occupy Category I positions shall participate in routine substance abuse screening in accordance with the following:

(1)

All employees in Category I positions shall be tested at least once every three (3) years;

(2)

All employees in Category I positions shall be subject to random routine substance abuse testing according to the procedures prepared by the personnel department, with at least thirty-three and one-third (331/3) percent of the positions being tested each year.

(c)

Employee testing—Category II. Category II. Whenever an employee has an on-the-job accident or suffers an occupational on-the-job injury requiring immediate treatment by a doctor or absence from work, or causes an injury to a fellow employee or to the general public which requires treatment by a doctor or absence from work, or where the injury was due to the employee's failure to wear required personal protective equipment or where the property damage of said accident is estimated at greater than one hundred dollars ($100.00) said employee shall be required to participate in a substance abuse screening test.

For purposes of this section, the term "injury" shall not include minor injuries such as:bee stings, bruises, muscle strains, minor cuts, scrapes, etc.

(d)

Employee testing—Category III. Category III. An employee shall be required to participate in a substance abuse screening test whenever there exists reasonable cause or suspicion to believe that the employee's fitness for duty is impaired by substance abuse based upon the following criteria:

(1)

An observable work-related behavior or similar pattern of conduct that appears to be abnormal, erratic or otherwise not in conformance with acceptable parish policy.

(2)

An observable work-related behavior or similar pattern of conduct that indicates signs of impairment of normal sensory and/or motor body functions;

(3)

Any articulable facts or evidence that indicate any possible substance abuse on the job;

(4)

Any information or evidence that warrants, or emanates from, an authorized investigation of possible drug or alcohol related activity by a specific individual or group;

(5)

Any pattern of behavior, conduct or activity that is alcohol and/or drug related that is violative of municipal, state or federal law;

(6)

Any employee who tests positive during a drug screening required by any licensing or certification requirement. Provided however, if the drug screen required for the license or certification was conducted or paid for by the parish said results shall be sent to the medical review offices for confirmation and the employee shall be subject to the provisions of section 1-162 without the necessity of additional initial screening.

Such information shall be reviewed by the parish attorney and approved as to reasonable cause or suspicion prior to a testing order.

(e)

Employee testing—Category IV. Category IV. Whenever any employee voluntarily enrolls in and successfully completes a certified program of substance abuse counseling or rehabilitation, which is in conformance with standards normally accepted within the healthcare industry, as a condition of continued employment, said employee must agree in writing to remain alcohol and drug free, and to undergo unannounced, post-treatment substance abuse screening for a period of twenty-four (24) months from the date of reentry into active work status with the parish.

In order to claim the benefits of this paragraph, an employee must notify his department head and enroll in the certified substance abuse counseling and/or rehabilitation program prior to being selected, chosen, ordered, or scheduled for a substance abuse screening.

(Ord. No. 8431, 5-20-96)