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Drug-Free Workplace Policy and Program Template

Louisiana Drug Testing Laws and Regulations

State: Louisiana
Statute of Order: La. Rev. Stat. §49:1001 et seq., §23:1601(1), §46:460.4
Covered Employers: Public and private employers not subject to a federally mandated testing program.
Applicant Testing: Applicant testing not restricted.
Employee Testing: Employee testing authorized, but employer may not discharge an employee on the basis of first-time positive test findings. Employees who are discharged for drug use, on or off the job, may be disqualified from receiving unemployment compensation. Employees of state contractors are subject to random testing. Those who are employed under safety-sensitive positions are required to undergo drug testing. These positions are those that entail safety inspection of a building or structure; those that have access to correctional facilities and inmates; those that carry firearms; those who have access to controlled drugs and substances; those who handle, transport and inspect hazardous waste materials; and those who handle power plant equipments, heavy machineries and public vehicles. Student employees and student interns, temporary and part-time employees may be subjected to drug testing.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen, but a witness may be present in case of post- accident testing and testing performed on suspicion of substance abuse, or when there is reason to doubt the integrity of the specimen. Confirming test using different testing method after positive result.
Important Bulletpoints:
  • There exists an Executive Order in Louisiana enumerating a State Employee Drug Testing Policy. Public employers must publish a written policy for pre-employment and employment drug testing compliant to the Order. Allowed tests include reasonable suspicion, post accident, random testing as part of post rehabilitation monitoring, pre-employment, and random as well as pre-promotion to safety sensitive and security sensitive positions.
  • Costs of drug testing are explicitly identified by law as payable by the employer. However, there is a provision that allows employers the option to require a new employee to sign a contract that would withhold the actual cost of pre-employment drug testing from the employee’s wages if the employee resigns within 90 days from his first day of work.
  • School bus drivers are required to undergo controlled substance testing in the State of Louisiana.
  • A public elementary or secondary school bus operator who tests positive for substance abuse is prohibited from driving a school bus, activity bus or any activity that entails transporting students until concerned government authority indicates so.
  • All confirmatory tests must be done by a Substance Abuse and Mental Health Services Administration (SAMHSA) or College of American Pathologists (CAP) certified laboratory equipped for forensic urine drug testing.
  • It is not a requirement but employers may opt to provide employees who are tested positive for drug use and certified positive by a medical review officer to undergo a rehabilitation program without being terminated.
  • Employees who test positive for on or off-the-job drug use constitutes misconduct. An employee discharge due to misconduct may be denied full benefits.
  • In case there is no written policy in full compliance with the provisions of R.S.49:1001 et seq, drug testing of an employee or job applicant is not permitted.
  • Compliant employers may be eligible for a tax credit equal to 5% of the qualified treatment expenses of the employer for substance abuse treatment services.
Medical Marijuana Law: Based on Marijuana Policy Project, a group of advocates’ intent on legalizing medical marijuana in Louisiana, the state has limited laws regarding the use of medical marijuana. In the 1978 stature, the state of Louisiana has the authority to distribute marijuana supplied by the federal government to patients with some type of cancers and glaucoma who are part of research programs. In 1991, the bill was amended to include patients with some form of paralysis. Currently, Louisiana has medical marijuana law that allows doctors to prescribe marijuana for medical purposes and for patients to possess marijuana if it is bought trough legal prescription. However, under state law, there is no legal supplier of marijuana in Louisiana. In essence, the state of Louisiana has no real and practical legislation regarding the use of medical marijuana for patients with debilitating diseases. In related news, the Louisiana House of Representatives approved House Bill 103 which basically reduces the penalty for the possession of marijuana for second and succeeding offenses.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.


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