PART I. GENERAL PROVISIONS
§1001. Definitions
As used in this Chapter, the following words and phrases shall have the meanings contained herein unless the context clearly requires otherwise:
(1) "CAP-FUDT-certified laboratory" means a laboratory certified for forensic urine drug testing by the College of American Pathologists.
(2) "Employee" means any person, paid or unpaid, in the service of an employer, as defined in Paragraph (3) of this Section.
(3) "Employer" means 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.
(4) "Medical review officer" means a licensed physician responsible for receiving laboratory results generated by employer or testing entity's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his medical history and any other relevant biomedical information.
(5) "Negative employment consequences" means any action taken by an employer or an employer's agent which negatively impacts an employee's or prospective employee's employment status. Examples of "negative employment consequences" include but are not limited to termination of employment, refusal to hire, or altered conditions of employment such as counseling, probation, suspension, and demotion.
(6) "Prospective employee" means any person who has made application to an employer, whether written or oral, to become an employee.
(7) "SAMHSA" means the Substance Abuse and Mental Health Services Administration.
(8) "SAMHSA-certified laboratory" means a laboratory certified for forensic drug testing by the Substance Abuse and Mental Health Services Administration.
(9) "SAMHSA guidelines" means the Mandatory Guidelines for Federal Workplace Drug Testing Programs as published in the Federal Register on April 11, 1988 (53 FR 11970), revised on June 9, 1994 (59 FR 29908), further revised on September 30, 1997 (62 FR 51118), and any further revised guidelines issued by SAMHSA.
(10) "Sample" means urine, blood, saliva, or hair.
(11) "Screening laboratory" means any building, place, or facility in which operations and procedures for the biological, serological, immunological, chemical, immuno-hematological, or other examination of materials derived from the human body are performed for the purpose of drug testing and which is not SAMHSA-certified or CAP-FUDT-certified for forensic urine drug testing and if the following apply to the drug testing of said "screening laboratory":
(a) If, as a result of such testing, mandatory or discretionary negative employment consequences will not be rendered to the individual.
(b) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.
(12) "Screening test" means an immunoassay screen to eliminate "negative" specimens from further consideration.
(13) "Split sample" means one specimen from one individual that is separated into two specimen containers.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; Acts 2004, No. 901, §1, eff. July 12, 2004.
RS 49:1005
PART II. DRUG TESTING PROCEDURES AND STANDARDS
§1005. Use of certified laboratories for drug testing of samples collected
A. All drug testing of individuals in residence in the state and all drug testing of samples collected in the state, including territorial waters and any other location to which the laws of Louisiana are applicable, shall be performed in SAMHSA-certified or CAP-FUDT-certified laboratories, if both of the following apply:
(1) If, as a result of such testing, mandatory or discretionary negative employment consequences will be rendered to the individual.
(2) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.
B. Drug testing as provided in this Subsection shall be performed in compliance with the SAMHSA guidelines except as provided in this Chapter or pursuant to statutory or regulatory authority under R.S. 23:1081 et seq. and R.S. 23:1601 et seq. The cut off limits for drug testing shall be in accordance with SAMHSA guidelines with the exception of initial testing for marijuana. The initial cut off level for marijuana shall be no less than fifty nanograms/ML and no more than one hundred nanograms/ML as specified by the employer or the testing entity. The Department of Health and Hospitals shall have the responsibility to adopt the SAMHSA guidelines for purposes of governing drug-testing programs for specimens collected in accordance with this Chapter. The Department of Health and Hospitals shall have the responsibility for adoption of any subsequent revisions of the SAMHSA guidelines as of the initial effective date of this Chapter.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; SCR No. 137, 1991 R.S; Acts 2004, No. 901, §1, eff. July 12, 2004.
RS 49:1011
PART III. EMPLOYEE DRUG TESTING
§1011. Employee drug testing; rights of the employee
A. Any employee, confirmed positive, upon his written request, shall have the right of access within seven working days to records relating to his drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings.
B. An employer may, but shall not be required to, afford an employee whose drug test is certified positive by the medical review officer the opportunity to undergo rehabilitation without termination of employment.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991.
RS 49:1012
§1012. Employee drug testing; responsibility of employer
A. All information, interviews, reports, statements, memoranda, or test results received by the employer through its drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in an administrative or disciplinary proceeding or hearing, or civil litigation where drug use by the tested individual is relevant.
B. No cause of action for defamation of character, libel, slander, or damage to reputation or privacy arises in favor of any person against an employer or testing entity who has established a program of drug or alcohol testing in accordance with this Chapter, unless:
(1) The results of that test were disclosed to any person other than the employer or testing entity, an authorized employee or agent of the employer or testing entity, the tested employee, or the tested prospective employee;
(2) The information disclosed was based on a false test result or a failure to comply with the provisions of this Chapter;
(3) All elements of an action for defamation of character, libel, slander, or damage to reputation or privacy as established by statute or civil law, are satisfied.
C. Any provision of this Chapter held to be prohibited by the laws of the state of Louisiana shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Chapter.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991.