Drug Free Work Place

Drug Free Work place

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Procedural order

I.Purpose

A.The Lafourche Parish Sheriff’s Office, as a result of its public safety responsibilities, citizen-oriented services, public role within the parish, and obligation to provide a safe and secure work environment, has a compelling interest and commitment to eliminate illegal and unauthorized drug use, drug users, drug activities, and drug effects from its workplace.

B.Of equal interest and commitment are the intent to afford all employees the respect and dignity they deserve and the full protection of the United States Constitution and all enacted laws of the parish, state, and nation.

C.In keeping with the above noted obligations and commitments, the following Substance Abuse Procedural Order shall be adopted.

II.Policy

A.It is the policy of the Lafourche Parish Sheriff’s Office to prohibit the manufacture, unauthorized possession, sale, distribution, use, consumption, or presence in the body, of illegal drugs by employees at any time whether on or off duty. The manufacture, sale, distribution, unauthorized possession, use, consumption, or being under the influence of alcohol, unauthorized drugs, or other harmful substances by employees when reporting for duty, or while in or on Lafourche Parish Sheriff’s Office property is prohibited by this policy.

B.The prohibitions of this order pertain to unauthorized conduct and behavior. Nothing in this order prohibits the authorized possession of illegal drugs or consumption of alcohol by Sheriff’s Deputies in the performance of legitimate law enforcement duties.

III.Policy Objectives

A.To deter or detect illegal drugs and unauthorized substances in the workplace.

B.To create a safe and healthy working environment for our employees, visitors, and members of the general public.

C.To reduce the opportunities for accidental injuries to persons and to protect the property of the Sheriff’s Office, employees, visitors, and the general public.

D.To minimize the absenteeism and tardiness, to improve productivity, and to ensure quality Sheriff’s Office services.

IV.Applicability

A.This order applies to all regular full-time, part-time, probationary, temporary, or contract employees, reserve deputies and to employment applicants who have been offered positions with the Sheriff’s Office. Compliance with this policy will be required as a condition of employment for qualified applicants, and continued employment for persons employed.

V.Responsibility

A.Internal Affairs is responsible for administering the drug-free policy, interpreting the provisions of this order, and for recommending changes as needed. Internal Affairs is further responsible for:

1.Handling all random and reasonable suspicion/probable cause testing.

2.Ensuring that a list of all persons employed or affiliated with the Lafourche Parish Sheriff’s Office are included in the computer database from which testing lists and schedules are prepared.

3.Ensuring that the confidentiality and integrity of the selection, notification, and scheduling procedures are maintained.

4.Serving as the principal contact with the collection facility in regards to the scheduling of employees for random drug testing to ensure the effective operation of the collection portion of the program.

5.Receiving all verified positive test results from presumptive drug screen tests and reasonable suspicion/probable cause testing from the Medical Review Officer.

a.Proper administrative procedures shall be followed by the Medical Review Officer forwarding results to the National Identification Drug Association (NIDA) lab for verification.

6.Providing advice and assistance to employees and supervisors in regard to the provision of this order.

7.Monitoring the progress of employees who admit themselves for drug or alcohol treatment

1. Employees progress during and after the rehabilitation period.

1. Providing confidential reports to the Sheriff of employees who fail or refuses to complete treatment.

B.Supervisors at all levels are responsible for insuring that all employees are aware of the provisions of this order. Additionally, they are responsible for being completely knowledgeable of their responsibilities in regard to this order and to take or recommend appropriate action as required to promote a safe and secure workplace. Supervisors who withhold evidence of drug or alcohol abuse, or who violate the confidentially provisions of this order may be subject to disciplinary action.

C.Employees are responsible for reporting to work in a physical and emotional condition that allows them to perform their assigned tasks in a safe and competent manner. As a condition of employment, they are expected to:

1. Stay free of illegal drugs;

1. Stay free of unauthorized drugs;

1. Stay free of controlled substances;

1. Avoid alcohol abuse; and

1. Agree to comply with the provisions of this order.

D.Notwithstanding these responsibilities, in accordance with the provisions of the Drug-Free Workplace Act of 1988, employees convicted of, or who plead nolo contendere to any criminal drug statute violation must notify the Sheriff immediately and in no case later than five (5) days after such a conviction.

VI.Sheriff’s Office Defined

A.For the purpose of this policy, the term “Sheriff’s Office Property” as used herein, includes all Lafourche Parish Sheriff’s Office facilities, offices, land, job sites, building, structures, fixtures, installations, lockers, toolboxes, desks, files, containers, automobiles, trucks, and all other vehicles, and equipment whether owned, leased, or used.

VII.Employee Knowledge of Drug Abuse

A.Supervisor shall prepare a written report to be transmitted in a conditional manner to Internal Affairs who will investigate allegations and take such action as deemed appropriate when:

1.Employees who know or have a reasonable suspicion that another employee is involved in illegal drug activities or is abusing alcohol or prescription drugs.

2.An employee has an immediate concern for his safety or the safety of others as a result of the possible drug or alcohol impairment of himself or another person.

a.The employee shall stop work and immediately report his concern to his supervisor, who shall take appropriated action.

VIII.Prohibited Conduct

A.Drug and alcohol abuse limits the ability to exercise good judgment, react properly in unexpected situations, and perform tasks safely and efficiently. Therefore, prohibited conduct in the workplace or during working hours includes, but is not limited to the following:

1.The manufacture, sale, distributing, use, unauthorized possession, or presence in the body of illegal drugs or other controlled, dangerous substances prohibited by this order.

2.The unauthorized consumption or possession of alcohol or being under the influence of alcohol, as defined by this order.

3.Refusal or failure to submit to testing as required by this order.

B.Drug use can have residual results that can affect or interfere with work performance long after the drug is taken. Additionally, illegal drug related misconduct, even when it occurs off duty, can create citizen distrust of the Sheriff’s Office work force and thus impair the Sheriff’s Office’s ability to provide safe and efficient service. Illegal drug use and activities even though they may not result in criminal charges or conviction, shall be considered a commission of an act detrimental to the public interest and is hereby prohibited.

C.Whenever an employee’s off duty illegal drug related activities become a matter of public record, disciplinary action will be taken based on the facts of the case as developed by an Internal Affairs investigation.

D.The results of any drug or alcohol test required by this order shall be for administrative purposes only. No criminal action shall be initiated as a result of any such test. However, the possession of illegal drugs or substances in the workplace or other illegal activities may result in criminal charges.

IX.Prohibited Substances

A.Prohibited substance as referred to by this order include, but are not limited to those identified below:

1.Illegal drugs such as, but not limited to, marijuana, opium, or any of the controlled dangerous substances as listed in Schedules I, II, III, IV, or V of the Louisiana Revised Statute 40:964, as may be amended.

2.Designer and synthetic drugs which, for the purpose of this order, are defined as drugs that are made by altering the molecular structure of legal and/or illegal drugs to create a drug that is not explicitly banned by federal law.

3.Non-prescribed drugs that contain popular substances of abuse that are regulated under the provision of the Controlled Substances Act of 1970, as well as any abnormal or dangerous substances that may affect a persons mood, responses, motor functions, or alter or affect a persons perception, performance, judgment, reactions, or senses while working.

4.Prescribed drugs not legally obtained, and prescribed drugs not being used for prescribed purposes.

5.Drug related paraphernalia, which, for purposes of this order, is any unauthorized material or equipment, or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing a controlled dangerous substance into the human body.

6.Unauthorized alcoholic or intoxicating beverages such as, but not limited to beer, malt beverages, wine, liquor, or other distilled spirits.

X.Prescribed Drugs

A.Employees may remain on Sheriff’s Office properties and under the influence of prescription drugs and/or “over the counter” medications provided that:

1.The prescription drugs are prescribed by an authorized medical practitioner for current use of the employee in possession of the medicine.

2.Employees must not consume prescribed drugs or over the counter medication more often than as directed by the employee’s physician or label directions (over the counter) and they must not allow any other person to consume the prescribed drug.

3.Employees who have been informed that a medication could cause adverse side effects while working (or where the medication indicated such a warning), must inform their supervisor in writing prior to using such substances on duty.

a.Employees shall be removed from duties that require the use of agency fleet vehicles or place the employee in precarious situations if the medication in question is listed as having possible side affects that would impair:

1)Motor skills;

2)Mental stability; and

3)Ability to remain alert.

b.Prescription drugs may be underestimated. Supervisors shall be informed in writing by the employee of the type and amount of prescription medication taken by the employee. This shall aid in the supervisors determination of the employee’s fit for duty status. Supervisors should consult with their Commander on their determination of employee fit for duty status.

4.The Lafourche Parish Sheriff’ Office at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication by an employee will produce effects which may increase the risk of injury to the employee or others while working. If such a finding is made, and if appropriate substitute medicine is not available, the Sheriff may suspend the work activity of the employee during the period of medication.

5.The burden of proof as to the authorized use or possession shall be on the employee in the event of a supervisors concern as to the type of medication, an employee is prescribed, under the influence of, or in possession of.

XI.Initial Employment Testing

A.All job applicants shall be notified during the application and/or interview process that, they will be required to submit to a pre-employment urinalysis to screen for illegal or unauthorized drug use and that employment will be contingent upon a negative drug test result.

B.The Personnel Division will schedule initial pre-employment testing.

1.Pre-employment positive test results will be reviewed with the applicant. Past medical history or prescription medication use to justify a positive result shall be considered.

2.Recommendations shall be made as to the applicant’s fitness for duty which shall give weight in reaching a decision to proceed to the next phase except as noted below:

1. Applicants that are is denied employment as a result of an initial positive drug test.

1)Applicants shall be advised of their right to a confirm these test results on the same sample and a reviewed by the Medical Review Officer, at their own expense.

b.Applicants that refuse to test at the designated time.

1)Internal Affairs shall inform applicants that their failure to test or the confirmed presence of illegal drugs in their urine precludes their employment with the Lafourche Parish Sheriff’s Office.

3.Applicants who have tested positive and/or refuse to submit to a drug test shall be disqualified and ineligible for employment with the Lafourche Parish Sheriff’s Office for a period of three (3) years. If reconsidered after that time, applicants must show proof of their completion of a reasonable drug counseling or substance abuse treatment program.

XII.Random Testing

A.To assure employees are not specifically signed out due to race, religion or gender, monthly testing shall be conducted at random.

B.Random selection shall remain confidential. Internal Affairs shall conduct an annual evaluation to determine whether the number of employees tested and the frequency of tests are administered to the Sheriff’s satisfaction to achieve a drug free work force.

XIII.Reasonable Suspicion/Probable Cause Testing

ATesting on the basis of reasonable suspicion/probable cause, may be requested for reasons including, but not limited to those identified below:

1.When a supervisor has reason to suspect that an employee is under the influence of drugs or alcohol due to the employee’s physical condition or unusual behavior while working, or other reasons that would lead a prudent supervisor to be concerned about the individual’s safety or the safety of his co-workers or the general public.

2.When a supervisor has reasonable suspicion of probable drug or alcohol abuse by an employee or a number of employees based on reliable information such as an unusual amount of accidents, incidents of thefts, lost productivity, or reports of unusual or unsafe behavior, or other facts that justify testing specific individuals or groups due to safety concerns.

3.When a supervisor has reasonable suspicion of possible drug or alcohol abuse based on an employee’s excessive absenteeism or a suspicious pattern or trend of absenteeism.

4.When an employee is found in possession of suspected illicit or unauthorized drugs and/or alcohol, drug paraphernalia or when any such items are found in an area controlled or used exclusively or predominately by an employee, is sufficient probable cause for that an employee to test.

5.When an employee is arrested or convicted for a drug related offense, is identified as the focus of a criminal investigation into illegal drug possession, use, or trafficking, or when information of illegal drug activities is provided either by reliable and credible sources or by independent corroboration.

B.Although reasonable suspicion does not require absolute proof or certainty, mere speculation or hunches are not sufficient to meet this standard. Therefore, before testing on the basis of reasonable suspicion is scheduled, such suspicion must be discussed with, and supported by the Sheriff or his designee.

1.Activity shall be documented on an Early Warning System Report and completed in accordance with General Order 35.1.15.

XIV.Notification to Test

A.Internal Affairs shall notify employee’s randomly selected of the date, time, and location to report for testing. It shall be explained that the employee’s name was selected randomly and that he is under no suspicion of substance abuse.

B.The names of selected employees shall be kept confidential until the time of scheduling to maintain the integrity of the program.

C.Employees scheduled for random testing may be transported to and from the collection site by a Sheriff’s Office fleet vehicle, if the employee so requests.

D.Employees designated for drug/alcohol testing because of reasonable suspicion shall be escorted to the collection facility by a ranking supervisor, or other comparable responsible person, who can vouch for the identity of the employee.

E.Testing of an employee selected for random drug testing shall be postponed upon written notification from the employee’s supervisor (with attached documentation) that the employee is:

1.In an authorized leave status, which began prior to testing notification.

2.In official travel status away from the Sheriff’s Office or about to embark on such official travel scheduled prior to testing notification.

a.Random drug testing that is postponed shall be rescheduled at an unannounced date within thirty-days of the employee’s return to duty or the initial scheduled date.

XV.Collection and Testing Procedures

1. The Lafourche Parish Sheriff’s Office drug-testing program shall include:

1. Certified trained collection personnel;

1. Quality assurance requirements for urinalysis procedures; and

1. Strict confidentiality requirements.

B.Employees reporting to a collection site to provide a urine sample must present a driver’s license and a Lafourche Parish Sheriff’s Office picture identification card before the collector will proceed.

1. If an employee reports to a the collection site but refuses to test, the collector shall record the fact and make available for Internal Affairs.

1.A refusal may result in disciplinary action and/or termination.

D.Collections shall be accomplished with full concern and consideration for the employee’s personal privacy, dignity, and confidentiality. Any individual subject to testing under this policy shall be permitted to provide the urine specimen in a private, in a restroom stall or similar enclosure so that the employee is not observed while providing the sample, except as described below:

1.When there is reason to believe the employee may alter or substitute the specimen.

a.Collection site personnel shall be of the same gender to observe the employee provide the urine specimen.

1)Such “reason to believe” may exist when the employee:

a)Has previously been found by this Sheriff’s Office to be an illegal drug user; or

b)When the facts and circumstances suggest that the employee is an illegal drug user or is under the influence of drugs at the time of the test.

E.All collections of urine specimens for drug testing shall be collected, stored, and transported in compliance with the NIDA guidelines or pursuant to Statutory or Regulatory authority granted under R.S. 23:1081 et. Seq., R.S. 23:1601 et. Seq., and R.S. 49:1001 et. Seq. (as amended from time to time). Urine samples shall be collected, monitored, and sealed in the presence of a certified collection specialist and the employee being tested.

F.Each employee specimen reflecting a positive result shall be screened by a presumptive-type test in a certified laboratory whose testing procedures and guidelines are monitored and approved by the Bureau of Health Service Financing, Health Standards Section of the Louisiana Office of Health and Hospitals.