§ 1:903. Prohibitions and requirements of this chapter.

A.

Drugs in the workplace. The unlawful manufacture, distribution, dispensation, possession, or use (other than use in accordance with subsections C.1.a. and b. of this section) by a city-parish employee of any drug in the city-parish workplace on or off duty or during the employee's working hours is prohibited;

B.

Consumption or possession of alcohol. All city-parish employees are prohibited from:

1.

Consuming alcohol beverages in the city-parish workplace; and

2.

Possessing an unsealed container of an alcoholic beverage in the city-parish workplace, or otherwise possessing an alcoholic beverage under circumstances that indicate that the employee intends to consume the alcoholic beverage in the city-parish workplace; and

3.

Possessing alcohol in a city-parish vehicle, on or off duty, whether or not it is unsealed.

Employees may be permitted, however, to engage in possession and moderate consumption of alcohol where such possession and consumption is a customary part of attendance at officially approved social functions, or events or functions such as conferences, receptions and conventions.

C.

Use of drugs and alcohol. All city-parish employees are also prohibited from:

1.

Working or reporting for work under the influence of any drug, or with a sufficient amount of any drug or metabolite thereof in their systems to result in a positive test as defined in subsection 1:902.F.1. of this chapter, unless:

a.

The drug was obtained directly, or pursuant to a valid prescription or order, from a practitioner as provided in the Louisiana Uniform Controlled Dangerous Substances Law, while acting in the course of his professional practice, and

b.

The employee is using the drug in a manner consistent with such prescription or order; and

2.

Working or reporting for work under the influence of alcohol, or with sufficient alcohol in their systems to result in a positive test as defined in subsection 1:902.F.2. of this chapter.

D.

Convictions.

1.

It shall be a violation of this chapter for an employee to be convicted of a violation of any criminal drug or alcohol law, when the conviction:

a.

Arises out of a violation that occurred in the city-parish workplace and/or in a city-parish vehicle, or

b.

Prevents the employee from performing the regular duties of his of her classification because;

1.

The employee is incarcerated as a result of the arrest or conviction, or

2.

The crime committed bears such a relation to the employee's regular duties that the fact of its commission renders the employee unfit to continue to perform those duties, or

3.

The employee is declared to be a "high-risk employee" and therefore, unfit for his or her position because he or she serves in a safety or security-sensitive position and has been convicted of two or more violations of a criminal drug or alcohol law.

c.

Otherwise prevents the employee from performing the regular duties of his or her classification.

2.

A city-parish employee who is convicted under any criminal drug or alcohol law for a violation occurring in the city-parish workplace or under any circumstances described in subsection D.1. herein shall, within seventy-two (72) hours of the conviction or before reporting for work, whichever occurs first, notify his or her supervisor of the conviction.

3.

A city-parish employee whose duties require a driver's license must inform his or her supervisor of any revocation or suspension of his or her driver's license, within seventy-two (72) hours of the notification, before reporting for work or if on duty immediately but in no event later than four (4) hours, whichever occurs first.

4.

A city-parish employee whose duties are considered safety- or security-sensitive as defined herein must inform his or her supervisor of any arrest for a violation of any criminal drug or alcohol law, within seventy-two (72) hours of the arrest, before reporting for work or if on duty immediately but in no event later than four hours, whichever occurs first, and shall thereafter keep his or her supervisor informed regarding the status of the charges.

E.

Refusal to cooperate. Compliance with this chapter, including participation in drug and alcohol testing, is a condition of continued employment with the city-parish. Any refusal to submit to a drug test or an alcohol test, or refusal to cooperate with the city-parish in any of the procedures involved in the drug and alcohol testing provided for by this chapter shall be a violation of this chapter. For purposes of this chapter, refusal shall include not only an express refusal to submit to a drug test or an alcohol test but also any failure to appear for any test, failure to report a serious incident, or any absence or departure from city-parish work:

1.

That occurs without a verified legitimate reason

a.

After the employee learns that he or she is required to submit to the test or tests; or

b.

After an occurrence which, under this chapter, could result in the employee being required to submit to a drug test or an alcohol test; or

2.

That is determined by the city-parish to have been a pretext for avoiding the test or tests.

F.

Interference with testing. City-parish employees are prohibited from altering, tampering in any manner with, or substituting a sample for a drug test or alcohol test or otherwise interfering with any testing procedures. It shall also be a violation of this chapter for any city-parish employee to fail or refuse to enforce or otherwise to circumvent any provision of this chapter.

G.

Discipline for violations. The violation of any of the above provisions shall constitute just cause for the disciplinary action set forth in section 1:907 of this chapter.

(Ord. No. 9877, § 2, 4-27-94; Ord. No. 11774, § 1, 6-28-00; Ord. No. 12268, § 1, 3-27-02)