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Louisiana State Drug Testing Laws

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 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.
LaboratoryRequirementsThe lab 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 would be allowed when the injured employee’s intoxication causes the injury 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 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 adverse 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 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.

View Individual State Law Summaries

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