Workplace Drug Testing Issues – Louisiana State Laws
These categories do not affect 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||The lab must be SAMHSA or CAP certified.|
|Medical Review Officer||Required||Required for both positive and negative results|
|Random Testing||No restrictions|
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 oil or gas production in Louisiana or its territorial waters, it is essential 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 vary 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.