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Louisiana Alcohol & Drugs: What you need to know

Employees. Louisiana permits drug testing of employees for certain drugs, including marijuana, opiates, cocaine, amphetamines, and phencyclidine. The tests can be random, for-cause, periodically announced, or post-accident. The tests cannot be performed on-site. Employers may not discharge an employee on the basis of a first-time positive test result; a confirming retest using a different testing method is required. The law applies to all employers, except those subject to a federally mandated drug testing program. Note also that employers using certain on-site drug screening tests may be exempt from the requirement that all drug testing be performed in certain certified laboratories (LA Rev. Stat. Sec. 49:1001et seq.).

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All drug testing that may result in negative employment consequences must be performed in a laboratory certified for forensic drug testing by the Substance Abuse and Mental Health Services Administration (SAMHSA), or a laboratory certified for forensic urine drug testing by the College of American Pathologists (CAP-FUDT), in compliance with the SAMHSA guidelines (LA Rev. Stat Sec. 49:1005).

An employer or an employer's agent may utilize a United States Food and Drug Administration (USFDA)-cleared specimen testing method that uses a urine, blood, saliva, or hair sample, provided that the sample is processed in a laboratory with a SAMHSA or CAP-FUDT certification, using generally accepted cutoff levels as established by USFDA for the type of sample tested. Any sample collected will be subject to USFDA-cleared immunoassay screening and confirmation testing at a SAMHSA or CAP-FUDT certified laboratory. Samples that test positive must be preserved by the laboratory and available for challenge ...


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Drug Testing
Drug Testing State Employees
Discrimination
Tax Breaks for Treatment Programs
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