§ 38-23. Driver drug screening.

(a)

For random drug testing purposes, every quarter PMZ may send any company a list of up to twenty-five (25) VFH drivers. Within five (5) days of receiving the list, the company shall advise such drivers they must obtain a drug test from a PMZ-approved testing facility within ten (10) days. The results of said testing shall be submitted to PMZ.

(b)

A company shall require its driver to submit a drug test within twenty-four (24) hours upon being involved in a traffic accident while providing VFH services.

(c)

VFH drivers must sign a waiver to allow approved facilities to send results directly to the company and PMZ.

(d)

Any VFH driver who fails to timely submit to drug testing or refuses to comply with the instructions and/or testing protocol of the drug testing facility shall be prohibited from operating as a VFH driver for a period of one (1) year. Further, if applicable, the company shall prevent the driver from accessing the company's digital network for a period of one (1) year. After said period of one (1) year, the company shall require the driver to submit to a drug test from a PMZ-approved testing facility before again operating as a VFH driver for the company and, if applicable, before re-accessing the company's digital network.

(e)

Any VFH driver whose test results indicate that the driver tested positive for any controlled substance listed in R.S. 40:961, et seq., or any combination thereof, shall be prohibited from operating as a VFH driver for a period of one (1) year. Further, if applicable, the company shall prevent the driver from accessing the company's digital network for a period of one (1) year. After said period of one (1) year, the company shall require the driver to submit to a drug test from a PMZ-approved testing facility before again operating as a VFH driver for the company and, if applicable, before re-accessing the company's digital network.

(f)

If a person testing positive for a controlled dangerous substance has a valid and legal prescription for the medication for which he tested positive, such person may continue as a driver under the following circumstances:

(1)

The prescription must be issued by a licensed physician;

(2)

The prescription must be accompanied by a written certification from the physician that:

a.

The medication was prescribed prior to the drug test;

b.

The physician is familiar with the person's medical history including drug and alcohol use and other medications;

c.

The person has not been diagnosed with any substance abuse issue, and that the prescribed drug will not adversely affect that applicant's ability to operate a motor vehicle safely; and

d.

The medication was not prescribed as permitted by R.S. 40:1046.

(g)

Failure of any company to comply with these provisions shall be grounds for suspension/revocation of the company license.

(Ord. No. 25219 , § 1, 9-21-16)