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Louisiana Drug Testing Compliance

Capital Baton Rouge Population 4,681,666
Largest city New Orleans
Area 50,000 sq mi
Criminal rate 57 crimes /10,000 people Time Zone UTC -6/-5

Louisiana Employee Background Check Laws

Louisiana

Legal status for workplace drug screening and alcohol testing

Our intent is to make drug screening compliance as simple as possible. you don’t have to be a constitutional law scholar to conduct workplace drug testing in Louisiana.

Louisiana is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decisions that apply. The law (Title 40, 1001 to 1021) does not require that any employer must conduct drug or alcohol testing. Testing is your choice.

This over view is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: The Company’s General Substance Abuse Policy will comply with all state law requirements and limitations for Louisiana.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: “marijuana, opioids, cocaine, amphetamines, and phencyclidine. The law specifically states that it does not preclude or regulate testing for substances found in the federal government’s Schedules I, II, III and IV and alcohol.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA- or CAP-FUDT–certified lab only.
Q7: What types of specimens can we test for?
A: Urine, blood, saliva, and hair.
Q8: Are there restrictions for Alcohol Testing?
A: Mentioned but not required; alcohol is listed among the substances for which employers may test.

Did you know?

Q1. Can I do a random testing for my employees in Louisiana?

Correct!

 

Answer is “Yes”

The Louisiana state statute allows testing for the presence of marijuana, opioids, cocaine, amphetamines, and phencyclidine, but does not preclude or regulate the testing for drugs other than those specified above, or other controlled substances as defined in 21 U.S.C. 812, Schedules I, II, III, IV, and alcohol. Testing for substances beyond those considered to be “illegal” could raise issues with the Americans with Disabilities Act.

Louisiana Drug & Alcohol Testing Laws

Louisiana’s drug testing law focuses primarily on how testing may be done. It does not address other aspects of a testing program such as who may be tested and when .

This law was originally enacted in 1990 and has been amended numerous times. More recently, on June 5, 2015, Governor Jindal signed HB 379 allowing employers to use hair testing if they wish. This law focuses on what to test for, where testing may be conducted, how tests must be conducted and post-test procedures. It does not address who or when employers may test or the consequences of a policy violation.

Key statute RS 49:1001

" Any person, firm, or corporation, including any governmental entity, that has one or more workers or operators employed, or individuals performing service, in the same business, or in or about the same establishment, under any contract of hire or service, expressed or implied, oral or written; however, “employer” for the purposes of this Chapter shall not include any person, firm, or corporation that is subject to a federally mandated drug testing program. For the purposes of this Chapter, an employee who is a person, firm, or corporation that contracts or subcontracts with a principal need not be considered, in whole or in part, to be an employee of such principal.”

State law does not limit the Company’s choice of discipline. State law indicates that the Company may, but is not required to, offer any employee with a positive test an opportunity at rehabilitation.

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Louisiana Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Louisiana personal and medical use of marijuana.

Medical Use: On June 29, 2015, Governor Jindal signed into law SB 143 authorizing a number of organizations in the state to develop procedures for prescribing, growing and dispensing marijuana for medical use by a very limited number of individuals. Federal DEA provides physicians with authority to prescribe controlled substances. Marijuana is a Schedule I substance under federal law. It is highly unlikely this law will be implemented.

The initial cutoff level for marijuana must be no lower than 50ng/mL and no higher than 100ng/mL. All other testing will be conducted in accordance with the procedures of the federal Substance Abuse and Mental Health Administration (SAMHSA).

Personal Use: There is currently no personal use of marijuana in this state.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No know court cases at this time.

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Update: December 2017

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