Louisiana

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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   

Workplace Drug Testing Laws in Louisiana

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictionsConfirmation 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-AccidentNo 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 laws.Low THC/high CBD laws u2013 does not affect drug testing, smoking marijuana is prohibited.
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteLouisiana 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