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Louisiana - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Louisiana

Instant or POCT Testing

Restrictions

Confirmation of non-negative results at a SAMHSA or CAP lab and use FDA cleared instant testing device.

Drug Panels

No restrictions

SAMHSA five panel is recommended.

Laboratory

Requirements

Lab must be SAMHSA or CAP certified.

Medical Review Officer

Required

Required for both positive and negative results

Random Testing

No restrictions

Post-Accident

No restrictions

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Terminate for misconduct, have a drug free workplace policy based on safety.

Workers Comp Discount

No

Intoxication Defense

Yes

No compensation will be allowed when the injury is caused by the injured employee's intoxication at the time of the injury, unless the employee's intoxication resulted from activities which were in pursuit of the employer's interests or in which the employer procured the intoxicating beverage or substance and encouraged its use during the employee's work hours.

Medical Marijuana

Yes, limited laws.

Low THC/high CBD laws – does not affect drug testing, smoking marijuana is prohibited.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Louisiana law allows employers to require applicants to take a drug test as a condition of employment. An employer may test employees for drugs (except in the industries of oil drilling, exploration, or production). An employer that will take negative action against an employee based on a positive test result must use certified laboratories and specified procedures for testing.