Louisiana lawmaker pushes for fines, jail time for companies that skip driver drug tests

ALEXANDRIA, La. (KALB) - Morgan Grantham, a Louisiana mother, testified before a legislative committee in April 2023 in opposition to a house bill that would have provided legal protections to companies for the behavior of their employees, recounting how her daughter died following a crash involving a driver with a known history of drug use.

Morgan Grantham’s daughter, known as “Katie Bug,” died while on life support following a car accident in 2017. Shane DeMoss, then 48, ran a red light and collided with them. DeMoss was sentenced to 10 days in jail for running a red light. He was not drug tested after the crash, since Gratham’s daughter survived the initial wreck.

“If he runs a red light and kills somebody, and they don’t drug test him then, like they did not drug test him in my case, then you’re never gonna’ know that he shouldn’t be driving anyway,” Grantham said.

In court proceedings, it was revealed that DeMoss was a regular drug user who had been removed from several job sites in the past. An internal memo from a manager at the company DeMoss worked for showed the company was aware of his drug use.

Katie Bug’s Law

In 2019, Katie Bug’s Law was passed, mandating drug screenings in accidents that result in bodily harm — not just in cases that result in immediate death.

Central Louisiana Democratic State Sen. Jay Luneau followed the case as it unfolded. While he said he believes Katie Bug’s Law is valuable legislation, he said it does not go far enough.

“I personally spoke to Ms. Grantham about her family’s case and what had happened in it. And it was heart-wrenching,” Luneau said. “This guy should have never been driving.”

Luneau’s push for stronger accountability

Luneau said records show DeMoss had failed a drug test for methamphetamines and had refused another drug test before the accident — both of which, he said, should have prohibited DeMoss from driving a commercial vehicle.

“He had failed a drug test for methamphetamines. He had refused another drug test to take it before this accident, before this wreck happened. Those are both things that should have prohibited him from driving a commercial vehicle. But they didn’t. And why didn’t they? Because the company didn’t do it. They didn’t report it,” Luneau said.

Luneau said the company’s response amounted to turning a “blind-eye” to the problem, saying he believes by attaching penalties to the law, companies would be more inclined to test their employees.

“What we need to do is we need some teeth in the law that says, you’re required by law to test your driver. Here’s what happens if you don’t do that,” Luneau said.

Luneau is seeking legislation that would establish a $25,000 fine and up to one year in prison for those who do not test for drugs or alcohol in accidents that result in bodily harm.

Under Luneau’s proposal, a ‘motor carrier’ or company that employs commercial drivers is found in violation of the law when:

• The motor carrier is required by federal law to test an operator of a commercial motor vehicle for alcohol and controlled substance use.
• The motor carrier fails to conduct the testing required by federal law
• The operator of a commercial motor vehicle who is required to be tested by the motor carrier, but has not been tested, causes an accident while operating the commercial vehicle under the influence of alcohol or under the influence of a controlled substance.
• The accident results in the serious bodily injury or death of another person.

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