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Drug testing by employers in Louisiana is governed by these state rules.
The results of an initial screening drug test may not be used as a basis for rendering permanent mandatory or discretionary consequences to the individual submitting the specimen, except in pre-employment drug screening.
Drug test results must be reported directly from a certified laboratory to a qualified medical review officer. Confirmed positive tests in pre-employment drug testing may be reviewed by the medical review officer.
If the employer chooses not to confirm a positive test result of a pre-employment drug screen test, the employer must notify the pre-employment applicant of the positive drug screen result and must offer the applicant the opportunity to pay for confirmation of that test and a review of that confirmation test by a medical review officer.
The medical review officer must review all confirmed positive drug testing results of employees and report such results to the employer in compliance with the Substance Abuse and Mental Health Services Administration guidelines or pursuant to statutory or regulatory authority.
An employee with a confirmed positive drug test result, upon written request, has the right of access within seven working days to records relating to drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings.
Employers may, but are not 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 .
Louisiana allows employers to withhold from the wages of an employee the costs of pre-employment medical exams and drug tests. The employee must sign a contract which fully explains the employer's right of reimbursement and authorizing the withholding if the employee resigns within 90 working days.