TITLE 49. STATE ADMINISTRATION

CHAPTER 14. DRUG TESTING

PART II. DRUG TESTING PROCEDURES AND STANDARDS

 

49:1006      Collection of forensic urine drug specimens

 A. 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. and R.S. 23:1601 et seq.

 B. (1) All collection of urine specimens shall be collected with regard to privacy of the individual.

 (2) Direct observation of the individual during collection of the urine specimen may be allowed 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 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 the 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 a urine specimen positive for one or more of the drugs the testing of which is regulated by this Chapter, and is being tested for purposes of follow-up testing upon or after return to service.

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

 (3) A designated representative of the entity authorizing the drug testing 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.

 C. Every collection site person shall be responsible for sanitary collection of urine specimens while maintaining privacy, security, and the 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.

 D. The employer may, but is not required to, direct each collection site person to collect split samples. If split samples are collected, they shall be collected according to the following:

 (1) The donor shall urinate into a collection container, which the collection site person, in the presence of the donor, after the initial examination, pours into two specimen bottles.

 (2) The first bottle is to be used for the employer-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 bottle shall nevertheless be processed for testing.

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

 (4) All requirements of this Part 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 may be forwarded to an NIDA certified or a CAPFUDT certified laboratory in compliance with the NIDA guidelines for initial and confirmatory testing in compliance with the regulations of this Chapter or pursuant to statutory or regulatory authority under R.S. 23:1081 et seq. or R.S. 23:1601.

 (6) The second sample may be sealed, labeled, and 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 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 an NIDA certified or CAPFUDT certified laboratory for 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 without regard to the cutoff values as listed in the NIDA guidelines. The medical review officer shall honor such a request if made within seventy-two hours of the employee's having actual notice that he or she tested positive.

 (8) Action taken by the employer as the result of a positive drug test such as removal from performing a safety-sensitive function is not 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.

 E. 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 CAPFUDT certified laboratory in strict accordance with the NIDA guidelines.

 F. An employer or testing entity conducting drug testing pursuant to this Chapter shall not be required to submit blind samples to an NIDA certified or CAPFUDT certified laboratory.

Added by Acts 1990, No. 1036, Sec. 1, eff. Jan. 1, 1991.