Louisiana Alcohol & Drugs: What you need to know

State law allows preemployment, reasonable-suspicion, random, postaccident, and return-to-duty testing, but only by certified laboratories. Test results may be used for discipline or discharge, but an employer may give an employee having 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. The law applies to all employers, except those subject to a federally mandated drug-testing program.

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.).

All drug testing that may result in negative employment consequences must be performed in ...