Louisiana Alcohol and Drugs laws & HR compliance analysis

Louisiana Alcohol and Drugs: What you need to know

Employees. State law allows preemployment, reasonable-suspicion, random, postaccident, and return-to-duty testing, but only by certified laboratories. Test results are to be kept confidential. No defamation or privacy claims can be made against employers that have established testing programs in accordance with state law and haven't disclosed the results to any person other than the employer, the testing entity, or the tested applicant. Test results may be used for discipline or discharge. An employer, however, may, but is not be required to, give an employee who has a positive test that is certified by the medical review officer the opportunity to undergo rehabilitation without termination of employment. An employer may perform on-site screening for employees or applicants. However, no “negative consequences” (such as termination or refusal to hire) may be taken solely as a result of such screening (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), a laboratory certified for forensic urine drug testing by the College of American Pathologists (CAP-FUDT), or a laboratory certified for forensic hair testing by the College of American Pathologists (CAP-FDT) 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, CAP-FUDT certification, or CAP-FDT ...

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