What are the restrictions on employee drug testing?
In Louisiana, employers must comply with certain restrictions when conducting drug testing on employees. Generally, employers may only drug test employees if they have a reasonable suspicion that the employee is under the influence of drugs or alcohol. Additionally, if the employer is conducting a drug test, it must be done in a fair and nondiscriminatory manner. The employer must identify the individuals to be tested and document the reason for the testing. Furthermore, the test must be provided to the employee in a safe and secure manner. All test results must be kept confidential. The employer must also provide the employee with certain information prior to the drug test. This includes giving the employee a written notice that explains the scope of the drug testing program and also providing the employee with a copy of Louisiana’s Wage and Hour Law. Lastly, employers are not allowed to discriminate against an employee if the drug test result comes back positive. If the employee tests positive, the employer must provide the employee with the resources to treat any addiction and allow them to continue their job without serious consequences.
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