Louisiana Drug Laws
We are going to explore two aspects of Louisiana drug laws and the information necessary to learn how to pass a drug test in Louisiana.
Learning The Basics Of Louisiana Drug Laws.
First, we are not attorneys and can not provide specific advice on the Louisiana Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Louisiana drug laws.
Second, for those of you who are concerned with those Louisiana Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Louisiana.
There Are Four Major Drug Tests Given In Louisiana.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Louisiana.
Louisiana Drug Laws For Employees.
Louisiana employers may require employees and applicants to take drug tests. 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.
Drug Testing Rules for Employees in Louisiana.
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.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Louisiana? Even though Louisiana Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Louisiana Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Louisiana employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Louisiana Drug Laws.
|Statute of Order:||La. Rev. Stat. §49:1001 et seq., §23:1601(1), §46:460.4|
|Covered Employers:||Public and private employers not subject to a federally mandated testing program.|
|Applicant Testing:||Applicant testing not restricted.|
|Employee Testing:||Employee testing authorized, but employer may not discharge an employee on the basis of first-time positive test findings. Employees who are discharged for drug use, on or off the job, may be disqualified from receiving unemployment compensation. Employees of state contractors subject to random testing.|
|Conditions & Methods:||Methods to assure privacy for employee in collection of specimen, but a witness may be present in case of post-accident testing and testing performed on suspicion of substance abuse, or when there is reason to doubt the integrity of the specimen. Confirming test using different testing method after positive result.|
|Testing Bullet Points:||
The Louisiana Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Louisiana Are For Breaking Louisiana Drug Laws For Marijuana, Not Federal Or Local Laws.
Louisiana drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Louisiana behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Louisiana using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Louisiana is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Louisiana Drug Test Laws.
- State Law on Drug Testing – Louisiana state law provides for employers to voluntarily choose to mandate drug testing. If the employer chooses to be part of the Drug Free Workplace Program, the testing must be conducted according to state and federal laws.
- Types of Drugs – Several types of drugs are mandated for employee drug testing. These include PCP, marijuana, cocaine, opioids, and amphetamines. In addition, the employer may opt to perform tests against the use of other types of drugs or alcohol components.
- Policy Disclosure – In Louisiana, no employers are required to prepare written policy with the exception of public employers, who are required to prepare and present written directions regarding drug and alcohol testing. The State of Louisiana provides for who must test, which substances must be tested, and defines level of noncompliance or positive results.
- Written Policy on Drug Abuse and Testing – Only in the case of public employees are employers required to prepare and post a specific set of policy statements so that employees are aware of the standards for drug testing.. Nothing in the statutes prevents employers from creating and displaying a policy for testing and implementing a drug free policy.
- Drug Testing Procedures – The law in Louisiana provides for use of saliva, hair and urine tests. Results are considered satisfactory so long as the employer uses the standards set out in SAMHFA certified laboratories.
- Testing Costs – In Louisiana, the law is quite emphatic about the costs of testing for drug use and who can be assessed for payment of such costs. The statutes state that the employer may not pass on the cost of drug testing to the employee or prospective employee in any way. Criminal penalties are to be applied to companies who fail to follow these requirements.
- Drug Testing Location – The law in Louisiana states that on-site screening tests for drug use are permitted, but that otherwise the tests must be conducted by an HHS/CAP certified facility if two criteria are met. First, if negative results of the test will result in negative employment treatment and second, if the testing includes discovery of marijuana, phencyclidine, amphetamines, cocaine or opioids.
- Who Must Get Tested – In Louisiana, the law deals with who is NOT to be tested more than who must be tested. The law excludes oil and gas workers, public employees, those under federal mandates, NFL players, those in the criminal justice system and those requiring the tests for treatment. Further, if the tests on non-excluded classes are used in a negative way on employment, they must be conducted at an approved facility.
- Time for Testing – Testing frequency is not specified under the law in Louisiana, so is neither limited nor required.
- Positive Testing – Consequences of positive How To Pass A Drug Test In Louisiana are not specified. If positive results on drug testing occur, the individual may be encouraged to undergo rehabilitation, but the law doesn’t require the employer to undergo treatment. No provision is made for alcohol testing results.