Louisiana’s drug and alcohol testing law references SAMHSA guidelines, but gives employer’s broad flexibility to design their own testing programs. Certain workplaces are exempt from having to comply with the law. Rapid testing is permitted, but FDA-approved devices are required.
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 Issue | Status | Comments |
|---|---|---|
| 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 u2013 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. |
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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
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