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 subject to random 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. 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. 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.

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Louisiana Drug Testing Laws and Regulations

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