Louisiana State Drug Testing Laws

Workplace Drug Testing Issues – Louisiana State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Louisiana has several laws related to employer drug testing: TITLE 49

Deny Unemployment Benefits – §23-1601. Disqualification for benefits
Deny Workers Comp Claims – Louisiana Statute 23:1081   

Drug Testing IssueStatusComments
Instant or POCT Testing RestrictionsConfirmation of non-negative results at a SAMHSA or CAP lab and use FDA cleared instant testing device.
Drug PanelsNo RestrictionsSAMHSA five panel is recommended.
LaboratoryRequirementsLab must be SAMHSA or CAP certified.
Medical Review OfficerRequiredRequired for both positive and negative results
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesTerminate for misconduct, have a drug free workplace policy based on safety.
Workers Comp DiscountNo
Intoxication DefenseYesNo 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 MarijuanaYes, limited lawsLow THC/high CBD laws u2013 does not affect drug testing, smoking marijuana is prohibited.
Recreational MarijuanaNo
Report Driver DOT PositivesNo
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.

Louisiana has several laws related to employer drug testing: TITLE 49 — State administration: 49:1001, 1002, 1005, 1011, 1012, 1015, and 1021.

For employers involved in exploration, drilling, and/or production of oil or gas in Louisiana or its territorial waters it is important to call for additional information or consult with your attorney.

Intoxication Defense – Denial of Workers Compensation Claim – Louisiana Statute

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Louisiana


Drug Testing in Louisiana

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Louisiana

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.