10 Things to Know About Workplace Drug Testing State Laws and Regulations in Louisiana
1) State Law on Drug Testing
Louisiana state law provides for employers to voluntarily choose to mandate drug testing. If the employer chooses to be part of the Drug Free Workplace Program, the testing must be conducted according to state and federal laws.
2) Types of Drugs
Several types of drugs are mandated for employee drug testing. These include PCP, marijuana, cocaine, opioids, and amphetamines..In addition, the employer may opt to perform tests against the use of other types of drugs or alcohol components.
3) Policy Disclosure
In Louisiana, no employers are required to prepare written policy with the exception of public employers, who are required to prepare and present written directions regarding drug and alcohol testing. The State of Louisiana provides for who must test, which substances must be tested, and defines level of noncompliance or positive results.
4) Written Policy on Drug Abuse and Testing
Only in the case of public employees are employers required to prepare and post a specific set of policy statements so that employees are aware of the standards for drug testing.. Nothing in the statutes prevents employers from creating and displaying a policy for testing and implementing a drug free policy.
5) Drug Testing Procedures
The law in Louisiana provides for use of saliva, hair and urine tests. Results are considered satisfactory so long as the employer uses the standards set out in SAMHFA certified laboratories.
6) Testing Costs
In Louisiana, the law is quite emphatic about the costs of testing for drug use and who can be assessed for payment of such costs. The statutes state that the employer may not pass on the cost of drug testing to the employee or prospective employee in any way. Criminal penalties are to be applied to companies who fail to follow these requirements.
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7) Drug Testing Location
The law in Louisiana states that on-site screening tests for drug use are permitted, but that otherwise the tests must be conducted by an HHS/CAP certified facility if two criteria are met. First, if negative results of the test will result in negative employment treatment and second, if the testing includes discovery of marijuana, phencyclidimne, amphetamines, cocaine or opioids.
8) Who Must Get Tested
In Louisiana, the law deals with who is NOT to be tested more than who must be tested. The law excludes oil and gas workers, public employees, those under federal mandates, NFL players, those in the criminal justice system and those requiring the tests for treatment. Further, if the tests on non-excluded classes are used in a negative way on employment, they must be conducted at an approved facility.
9) Time for Testing
Testing frequency is not specified under the law in Louisiana, so is neither limited nor required.
10) Positive Testing
Consequences of positive drug testing in Louisiana are not specified. If positive results on drug testing occur, the individual may be encouraged to undergo rehabilitation, but the law doesn’t require the employer to undergo treatment. No provision is made for alcohol testing results.
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