Drug testing - Louisiana

Drug testing

Louisiana’s drug testing law does not restrict the types of workplace drug tests 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 if the results of a drug test could bring negative employment consequences and if the test will be screening for marijuana, opioids, cocaine, amphetamines, and phencyclidine. Negative employment consequences include:

• Termination,
• Refusal to hire, and
• Altered conditions of employment, such as counseling, probation, suspension, and demotion.

An employer can conduct on-site screening tests when there are no negative employment consequences. An employer may also test for controlled substances other than marijuana, opioids, cocaine, amphetamines, and phencyclidine. The state’s drug testing law does not apply to a firm engaged in the exploration, drilling, or production of oil or gas.

Urine, blood, saliva, and hair testing are allowed. The cutoff limits for drug testing must follow guidelines from the Substance Abuse and Mental Health Services Administration (SAMHSA), except for the initial testing for marijuana. The initial cutoff level for marijuana shall be no less than 50 nanograms per milliliter and no more than 100 nanograms per milliliter, as specified by the employer or the testing entity. The initial cutoff level for marijuana testing of 50 nanograms per milliliter may be reduced or modified by a company engaged in construction, maintenance, or manufacturing at any refining or chemical manufacturing facility.

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.

State law prohibits an employer from requiring an employee or applicant to pay for a drug test. However, an employer may withhold the cost of a pre-employment drug test if the employee resigns within 90 days of starting work. The statute applies to public and private employers not subject to a federally mandated testing program.

Test results and information associated with testing are confidential. Employees cannot bring a lawsuit for defamation of character, libel, slander, damage to reputation, or privacy against an employer with a drug and alcohol testing program established under state law unless:

• Test results were disclosed to an unauthorized individual;
• The information disclosed was based on a false test result or the failure to comply with the law; or
• All elements of action for defamation of character, libel, slander, or damage to reputation or privacy are satisfied.

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.