State of Louisiana Policy for Drug Testing & Background Checks
People planning careers working for state governments or government-sponsored agencies can expect to pass a required background and drug test. Each state has its own statutes governing pre-employment background and drug trusting. Louisiana state law makes no specific restrictions regarding what kind of drug testing a company can conduct, but it does make provisions for the various procedures that a company must follow in conducting its tests.
Other People Are Reading
-
Procedures and Standards
-
According to Louisiana statute §49:1001-1012, all drug testing must occur in AMHSA-certified or CAP-FUDT-certified laboratories whenever the results of the test could adversely affect the employment of an individual. This also applies regarding any testing for specific substances: amphetamines, marijuana, opioids or cocaine. This statute also applies to hospitals and the Department of Health.
Employee Rights
-
According to the law, Louisiana employees have specific rights under the law that protect them from employers. In the event that an employee tests positive for any controlled substance, he can submit a written request to receive the results of the drug test. This must be provided to the employee within seven days of his written request. The employee also has the right to review any other material regarding the drug tests or any information related to the employee's suspension or revocation of certification, if applicable.
-
Employer Responsibility
-
An employer has certain responsibilities under the law also. First and foremost, employers must regard any correspondence or information received regarding the results of an employee's drug test with extreme confidentiality. This information cannot be used in any private or public proceedings unless those proceedings are disciplinary or administrative in nature and involves the employee who has been tested. The employer is protected from employee retribution unless the information contained in the test was revealed to unauthorized persons or if the information was false or the employer failed to comply with the provisions laid out in the law. Additionally, the employer is vulnerable if the action by the employer in question meets all of the requirements held by other state laws to qualify and meet the definition of libel, slander or defamation of character.
State Employees and Random Drug Testing
-
Louisiana state law requires random blood testing of state employees. This also includes self-employed individuals who enter into contract work with the state and provide goods and services that might affect public safety such as food or transportation. Persons found to test positive for an illegal substance must be allowed to enter into a rehabilitation program with the cost incurred by the person's insurer. In the event that the insurance does not cover such services, the person must pay for the expense of rehab on her own.
Background Checks
-
According to the Louisiana Department of Public Safety and Corrections, some professions require a criminal background check as a prerequisite to employment. These include professions in the gaming industry, regulatory agencies, social and medical services and health care. Forms can be accessed online through the department and are carried out through the Bureau of Criminal Identification and Information.
-
References
- Photo Credit holder with test tubes image by alma_sacra from Fotolia.com
