Louisiana employment drug testing laws allow employers to conduct drug tests on current and potential employees. Employers are not required to implement a drug testing program in the workplace but, if they choose not to comply with the provisions set forth in the State’s statutes, drug testing is not permitted. A written policy must be created stating the employer’s full compliance with said statutes. There are no restrictions relating to the testing of job applicants or any adverse action that might be taken. Upon notice of a positive drug test result, employees must be allowed access to all records pertaining to the results of their test.
Can Current Employees be Tested? Yes, under the following circumstances:
- reasonable suspicion
- post-rehabilitation monitoring
- random (for positions relating to safety, security, or the operating of vehicles)
Is Certified Testing Required? Yes.
Laws – § 49:1001-1021
What Can be Tested? Urine, blood, saliva, and hair.
How to Conduct a Legal Drug Test
Step 1 – Although the State’s statutes do not specifically require employers to obtain consent prior to testing employees/applicants, having the subjects submit a Drug Test Release Form is recommended.
Step 2 – The collection of samples must be taken under sanitary conditions and with regard to the employee’s/applicant’s privacy. In situations where testing is being performed on individuals who’ve been involved in a workplace accident or where there is reason to believe the individual may alter the specimen in any way, a witness may be present. The following samples are allowed to be collected from the subject:
Step 3 – Once samples have been collected, they must be tested at a Substance Abuse and Mental Health Administration (SAMHSA) certified laboratory. A list of these certified labs can be found on the SAMHSA website. Louisiana law allows for the following substances to be tested:
Step 4 – Any job applicant who tests positive for the aforementioned drugs can be denied employment. Any current employee who receives a positive test result cannot be terminated until a confirmation test has been conducted. Upon obtaining a confirmed positive test result, employees may be terminated and may be denied benefits or workers’ compensation. Employers may, but are not required to, provide employees an opportunity to attend a rehabilitation center without termination of employment.