§ 1:908. Self-referral.

A.

When available. An employee who has never tested positive for drugs or alcohol while employed by the city-parish may, at any time prior to:

1.

The observation by an appropriate city-parish representative of facts that would justify reasonable, individualized suspicion for purposes of subsection 1:905.C. of this chapter;

2.

The occurrence of a serious incident within the meaning of subsection 1:905.D. of this chapter;

3.

Being selected for random testing in accordance with subsection 1:905.E. of this chapter;

4.

The selection of a group of employees for testing in accordance with subsection 1:905.F. of this chapter, when the group selected includes the employee;

5.

The commission or omission of an act which constitutes a class I or II violation under this chapter.

refer himself or herself for evaluation and treatment of a drug or alcohol abuse problem. An employee may only self-refer under this chapter one (1) time during all city-parish employment. An employee taking leave for alcohol or drug treatment shall constitute a self-referral.

B.

Consequences. An employee shall not be disciplined solely because of the self-referral and shall, with respect, to any violations of this chapter that occur after the self-referral, retain all rights available to city-parish employees under this chapter.

C.

Procedure.

1.

The intent to self-refer shall be declared either to the head of the department in which the employee works, or his or her designee, or to the city-parish, in accordance with procedures established by the city-parish pursuant to this chapter. If an employee cannot be identified with a city-parish department, the declaration may also be made to the office of the mayor-president.

2.

The employee shall execute a referral acknowledgment, in which the employee shall:

a.

Verify the intent to seek evaluation and treatment for a drug or alcohol abuse problem; and

b.

Acknowledge the consequences of the self-referral.

3.

The referral acknowledgment shall be executed before a notary public.

4.

The employee shall have no right of appeal from the execution of the referral acknowledgment.

5.

An employee who executes a referral acknowledgment shall not thereafter be permitted to return to work until such time a physician or other health care provider acceptable to the MRO for the city-parish has evaluated the employee and certified that the employee has obtained rehabilitation or treatment (which is acceptable to the MRO) or is otherwise fit to return to the performance of the regular duties of his or her classification. The city-parish shall be under no duty to transfer the employee to a different position or otherwise to provide work for the employee during this period.

6.

The employee may use any accrued vacation, sick leave, or compensatory time during the time he or she is not permitted to return to work; however, the employee shall be placed on leave without pay if all such leave or compensatory time is exhausted during this period and if the employee is eligible for leave without pay under the personnel rules and regulations.

7.

The circumstances of the employee's self-referral, including the records of the employee's evaluation and treatment shall, to the extent practicable, be held confidential by the city-parish. The only records pertaining to the self-referral maintained in the employee's personnel file shall be the original referral acknowledgment.

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