Louisiana Revised Statutes 49:1011 – Employee drug testing; rights of the employee
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Terms Used In Louisiana Revised Statutes 49:1011
- Employee: means any person, paid or unpaid, in the service of an employer, as defined in this Section. See Louisiana Revised Statutes 49:1001
- 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. See Louisiana Revised Statutes 49:1001
- 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. See Louisiana Revised Statutes 49:1001
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.