49:1015      Public employee drug testing


A. A public employer may require, as a condition of continued employment, samples from his employees to test for the presence of drugs following an accident during the course and scope of his employment, under other circumstances which result in reasonable suspicion that drugs are being used, or as a part of a monitoring program established by the employer to assure compliance with terms of a rehabilitation agreement.


B. A public employer may require samples from prospective employees, as a condition of hiring, to test for the presence of drugs.


C. A public employer may implement a program of random drug testing of those employees who occupy safety-sensitive or security-sensitive positions.


D. Any public employee drug testing shall occur pursuant to a written policy, duly promulgated, and shall comply with the provisions of this Chapter.


E. In the event the Louisiana State Racing Commission shall require or conduct drug testing on its employees, agents, and representatives, the Commission shall comply with the provisions of this Part and the Louisiana Administrative Procedure Act as well as seek prior approval of the procedures of the drug testing by the appropriate legislative oversight committee.  The failure of the State Racing Commission to receive the required legislative approval shall negate all test results conducted under the non-approved procedures.  Any drug testing program or procedure required or conducted by the State Racing Commission shall be applicable and include the members of the State Racing Commission.


F. (1) A public employer shall require samples to test for the presence of drugs, as a condition of hiring, from prospective employees whose principal responsibilities of employment include operating a public vehicle, performing maintenance on a public vehicle, or supervising any public employee who operates or maintains a public vehicle.


(2) A public employer shall implement a program of random drug testing of those employees whose principal responsibility is to operate public vehicles, maintain public vehicles, or supervise any public employee who drives or maintains public vehicles.


(3)(a) For the purposes of this Subsection, "public vehicle" shall include any motor vehicle, watercraft, aircraft, or rail vehicle owned or controlled by the state or by a local governmental subdivision that has adopted an ordinance as provided in Subparagraph (b) of this Paragraph.


(b) For purposes of this Subsection, "public employer" shall mean the state and any local governmental subdivision that has adopted an ordinance providing that the subdivision is a public employer for such purpose.  The governing authority of any local governmental subdivision may adopt such an ordinance.


(4) The provisions of this Subsection shall not be construed so as to supplant any testing program in existence that meets the requirements of the Subsection.

Added by Acts 1990, No. 1036, § 1, eff. Jan. 1, 1991.  Amended by Acts 1997, No. 1194, § 1;  Acts 2008, No. 277, § 1, eff. June 17, 2008.