La. Admin. Code tit. 46 § LXX-6507

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXX-6507 - Effect of Positive Drug Screen/Disciplinary Action

A. Any pilot with a prohibited drug detected in his system will have an opportunity to explain any medical condition which may have had an effect on the test result. However, passive inhalation or atmospheric contamination are not acceptable explanations for confirmed positive drug tests.

B. Any positive drug screen shall be reported to the United States Coast Guard and will place the pilot's state commission in jeopardy. Any pilot testing positive for a prohibited drug, or residual thereof, shall be removed from duty, pursuant to the board's rules, pending a hearing pursuant to R.S. 34:1042. Any pilot who presents a positive drug screen shall be subject to disciplinary action by the board, including the recommendation of revocation or suspension of his commission by the governor, reprimand or treatment/rehabilitation. The proper disciplinary action shall be determined by the board on a case by case basis. Any pilot who is required to undergo evaluation and/or treatment for drug use shall do so at their personal expense. In addition, the evaluation and treatment facility must be pre-approved by the board.

C. Refusing a drug screen, or any attempts at alteration or substitution of samples is considered a violation of the federal rules, as well as this policy. Any pilot who refuses to submit to a drug screen, fails to cooperate fully with the testing procedures, or in any way tries to alter the test results, shall be removed from duty as a pilot pursuant to the board's rules, pending a hearing pursuant to R.S. 34:1042. Furthermore, avoiding the directions of the board after an incident which mandatorily requires a drug/alcohol screen will be considered a refusal to test and will subject the offending pilot to disciplinary action by the board.

D. In addition, if the master of a vessel refuses a pilot's services due to the alleged impairment of the pilot, the pilot shall immediately contact a member of the board to receive instructions regarding testing. The pilot shall then immediately proceed to a testing facility selected and pre-designated by the board. Furthermore, avoiding the directions of the board after an incident which mandatorily requires a drug/alcohol screen will be considered a refusal to test and will subject the offending pilot to disciplinary action by the board.

La. Admin. Code tit. 46, § LXX-6507

Promulgated by the Board of Examiners for New Orleans and Baton Rouge Steamship Pilots, LR 28:1796 (August 2002), amended by the Office of the Governor, Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi River, LR 36:504 (March 2010).

AUTHORITY NOTE: Promulgated in accordance with RS. 34:1041.