Has your Louisiana employer or prospective employer asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, state and local laws determine whether an employer may test employees and applicants for drugs.
Louisiana law allows employers to require applicants to take a drug test as a condition of employment. An employer must use certified laboratories and specified procedures for testing if it will base its hiring decisions on the results of the test.
An employer may test employees for drugs (except in the industries of oil drilling, exploration, or production). An employer that will take negative action against an employee based on a positive test result must use certified laboratories and specified procedures for testing.
An employee with a confirmed positive drug test result may request all records relating to the test within seven working days. An employer may (but is not required to) allow an employee who tests positive to undergo rehabilitation rather than termination of employment.
Louisiana employers must use certified laboratories and follow required procedures if they will use a positive test result as the basis for discipline or termination; an employer who doesn’t follow these rules could end up in legal trouble. Other potential legal issues arising from drug testing include: