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Drug testing
Louisiana’s drug testing law places no restrictions on the types of testing that may be conducted, but does provide specific requirements with regard to drug testing procedures.
Certified laboratories must be used and specific drug testing procedures must be followed. An employer can conduct on-site screening tests when there are no negative employment consequences. The state’s drug testing law does not apply to a firm engaged in the exploration, drilling, or production of oil or gas.
An employee has the right to records of a positive drug test. An employer may, but is not required to, allow an employee whose drug test is positive the opportunity to undergo rehabilitation without termination of employment.
Public employee drug testing must be done under a written policy and must comply with the provisions of the state’s drug testing law.
Unemployment compensation
Louisiana unemployment compensation law provides that benefits may be denied to an employee who is discharged for misconduct. On- or off-the-job drug use, as evidenced by a positive drug test conducted in accordance with the provisions of the law, constitutes misconduct, as does a refusal to test.
Workers’ compensation
Louisiana workers’ compensation law allows that an employer may deny benefits to an employee whose injury is caused by intoxication. A positive drug test conducted in accordance with the law or a positive alcohol test at .08 percent or higher leads to the presumption that the incident was caused by the employee’s intoxication.
Employers may conduct a drug test immediately following a job-related accident. Refusal to submit to a test results in the presumption that the employee was intoxicated at the time of the accident.
Public employee drug testing
A public employer may require post-accident, pre-employment, and reasonable suspicion drug testing, and may require it as part of a rehabilitation program. A public employer may conduct random testing of employees in safety-sensitive or security-sensitive positions. The law also allows for pre-employment and random testing of employees whose principal responsibility is to operate or maintain public vehicles or supervise those who do.
Cost of medical exams/drug tests
An employer may not require an employee or applicant to pay for any medical exam or drug test required by the employer or the cost of any medical records. An employer may not withhold the cost from an employees’ wages. Exception: An employer may require a job applicant or employee to sign a contract providing that the costs of the individual’s pre-employment medical exam or drug test may be withheld from his wages if he resigns within 90 working days.
Contacts
Louisiana Workforce Commission
Regulations
Drug testing
Louisiana Revised Statute Annotated §49:1001 – 1015
Louisiana Revised Statute Annotated §23:634 and §23:897
Unemployment compensation
La. Rev. Stat. Ann. §23:1601(10)
Workers’ compensation
La. Rev. Stat. §23:1081
Public employee drug testing
La. Rev. Stat. §49:1015
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document