§ 1-160. Drug screening procedure.

(a)

Testing method.

(1)

Alcohol.

a.

Testing for alcohol shall be by those methods and recognized by the State of Louisiana for cases concerning driving while intoxicated. Such test may be conducted by:1) the laboratory selected under paragraph (c) herein; or by the Ouachita Parish Sheriff's Office.

b.

The cut-off limit for alcohol shall be one one-hundredths of one (.01) percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood.

(2)

Drugs.

a.

Testing for prohibited drugs shall be by immunoassay screen, with confirmation of positive tests by gas chromatography/mass spectrometry (GC/MS) techniques.

b.

All drug testing procedures shall conform to applicable state and federal regulations and laws. The cut-off limits for drug screening shall be in accordance with NIDA guidelines, except that initial testing for marijuana shall be fifty (50) nanograms.

c.

Drug testing shall be for any or all unauthorized controlled substances but shall include the following classes of drugs:marijuana, opiods, cocaine, amphetamines, and phencyclidine.

(3)

All testing procedures shall conform to applicable state and federal regulations and laws.

(b)

Certified laboratories for drug testing. The Ouachita Parish Police Jury shall determine the appropriate laboratory to perform the substance abuse screening test subject to the following criteria:

(1)

The laboratory shall be certified by the National Institute on Drug Abuse (NIDA) or by the College of American Pathologists for forensic urine drug testing (CAP-FUDT);

(2)

The laboratory uses NIDA guidelines for the collection, storage and transportation of the samples;

(3)

The laboratory follows the strict guidelines of Louisiana R.S. 49:1001 et seq. (Public Employees Drug Testing Acts), including but not limited to the collection, storage, chain of custody procedures, review of results and reports of results;

(4)

The laboratory guarantees a minimum confidence level of ninety-five (95) percent by which is meant no false positive results and less than five (5) percent false negative results;

(5)

The laboratory maintains strict confidentiality of all sample results so that at no time will the laboratory release results from any substance abuse test to anyone except as authorized herein.

(c)

Collection procedure for urine drug specimens. All collections of urine specimens for drug testing shall be collected, stored, and transported in compliance with NIDA guidelines or pursuant to statutory or regulatory authority granted Louisiana R.S. 23:1081 et seq. and/or 49:1001 et seq.

(1)

All collection of urine specimens shall be collected with regard to the privacy of the individual.

(2)

Direct observation of the individual during collection of the urine specimen will be required under any of the following conditions:

a.

There is reason to believe that the individual may alter or substitute the specimen to be provided.

b.

The individual has provided a urine specimen that falls outside of the acceptable temperature range as listed in the NIDA guidelines.

c.

The last urine specimen provided by the individual was verified by the medical review officer as being adulterated based upon determinations of the laboratory.

d.

The collection site person observes conduct indicating an attempt to substitute or adulterate the sample.

e.

The individual has previously been determined to have urine specimen positive for one (1) or more of the drugs the testing of which is regulated by this chapter, and is being tested for purposes of follow-up testing or after return to service.

f.

The type of drug testing is post-accident or reasonable suspicion/cause.

(3)

A designated representative of the parish 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.

Every collection site person shall be responsible for sanitary conditions of urine specimens while maintaining privacy, security, and chain of custody. Every collection site person shall be responsible for the proper disposal of biohazardous waste and dispose of all biohazardous waste in accordance with proper safety procedures.

The collection site person shall collect split samples, according to the following:

(1)

The donor shall urinate into a collection container, which the collection site person, in presence of the donor, after the initial examination, pours into two (2) specimen bottles. Both specimen bottles shall be properly sealed and labeled in the presence of the donor.

(2)

The first bottle is to be used for the parish mandated test and at a minimum shall contain the quantity specified by the NIDA guidelines. If there is no additional urine available for the second specimen bottle, the first specimen shall nevertheless be processed for testing.

(3)

Up to sixty (60) ML of the remainder of the urine shall be poured in the second specimen bottle.

(4)

All requirements of this chapter shall be followed with respect to both samples, including the requirement that a copy of the chain of custody form accompany each bottle processed under split sample procedures.

(5)

The first sample of the split sample collection shall be tested by the laboratory selected under the provisions of subsection (2) above, in compliance with the NIDA guidelines for initial and confirmatory testing in compliance with the regulations of this chapter, Louisiana R.S. 23:1081, et seq., 23:1601 et seq., and 49:1001 et seq.

(6)

The second sample shall be stored for future use or used for testing for drugs not listed in the regulations of this chapter. Any specimen collected under split sample procedures must be stored in a secured, refrigerated environment and an appropriate entry made in the chain of custody form.

(7)

If the test of the first bottle is confirmed as positive, and a split sample is collected, the employee may request that the medical review officer direct that the second bottle be tested, at the employee's own expense, in a NIDA-certified or CPA-FUNDT-certified laboratory for the presence of the drug(s) for which a positive result was obtained in the test of the first bottle. The result of this test is transmitted to the medical review officer who shall honor such a request if made within seventy-two (72) hours of the employee's having actual notice that he or she tested positive.

(8)

Action taken by the parish as the result of a positive drug test such as removal from performing a safety-sensitive function (Category I) shall not be stayed pending the result of the second test.

(9)

If the result of the second test is negative, the medical review officer shall cancel the positive results of the first test and the employee shall be restored to his or her previous position.

All samples collected for drug testing shall be packaged, sealed, labeled, and transported with the proper chain of custody procedures for analysis to an NIDA-certified or CAP-FUNDT-certified laboratory in strict accordance with the NIDA guidelines.

The collection site person shall provide a written form and the opportunity for the individual to provide notification of any information which he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant medical information. A copy of such information shall be attached to each chain of custody form.

(d)

Appointments for pre-employment drug screening. All applicants for employment with the parish shall be advised that the parish requires pre-employment substance abuse screening test prior to receiving an application form. Upon the completion of and the return of the application form to the personnel office, the personnel office shall make an appointment with the laboratory for those applicants who are considered for employment to submit a urine specimen for the drug screening test and shall make an appointment for the alcohol test, prior to processing said application for an employment position.

The applicant shall submit picture identification to laboratory to verify his or her identity at the time the specimen is collected.

Any applicant who attempts to evade the screening process shall not be considered for employment by the parish for a period of twelve (12) months.

(e)

Appointments for employee drug screening. Each department head shall be responsible for arranging and transporting employees under his supervision to and from:(1) the site for alcohol testing, and (2) the laboratory for collection of urine specimens. In the event of a Category II test, in which the employee is unable to be transported to the laboratory within a reasonable time due to injuries received, the department head shall make arrangements to have personnel from the laboratory come to the employee to take the specimen.

The identity of the employee participating in the screening procedure shall be verified by picture identification. If circumstances make such identification too onerous or impractical, the employee's identity may be confirmed by the department head or his designated representative.

Any employee who attempts to evade the drug screening process shall be dismissed from employment with the parish and shall not be considered for future employment by the parish for a period of twelve (12) months.

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