State:	Louisiana
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.
Pass Drug Testing Bulletpoints:	There exists an Executive Order in Louisiana enumerating a State Employee Drug Testing Policy. Public employers must publish a written policy for pre-employment and employment drug testing compliant to the Order. Allowed tests include reasonable suspicion, post accident, random testing as part of post rehabilitation monitoring, pre-employment, and random as well as pre-promotion to safety sensitive and security sensitive positions. Costs of drug testing are explicitly identified by law as payable by the employer. However, there is a provision that allows employers the option to require a new employee to sign a contract that would withhold the actual cost of pre-employment drug testing from the employee’s wages if the employee resigns within 90 days from his first day of work. School bus drivers are required to undergo controlled substance testing in the State of Louisiana. All confirmatory tests must be done by a Substance Abuse and Mental Health Services Administration (SAMHSA) or College of American Pathologists (CAP) certified laboratory equipped for forensic urine drug testing. It is not a requirement but employers may opt to provide employees who are tested positive for drug use and certified positive by a medical review officer to undergo a rehabilitation program without being terminated. Compliant employers may be eligible for a tax credit equal to 5% of the qualified treatment expenses of the employer for substance abuse treatment services.

10 Things to Know To Pass A Drug Test In Louisiana

1) 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.

2) 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.

3) 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.

4) 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.

5) 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.

6) 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.

7) 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, phencyclidimne, amphetamines, cocaine or opioids.

8) 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.

9) Time for Testing

Testing frequency is not specified under the law in Louisiana, so is neither limited nor required.

10) 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.

PASS A DRUG TEST IN LOUISIANA