Drug Testing Laws in the State of Louisiana

LOUISIANA Drug Testing State law places no restrictions on the types of testing that may be conducted, but does provide specific requirements with regard to drug testing procedures (requires DHHS-certified laboratory, use of an MRO, etc.). The statute also provides protection against certain causes of action if the employer establishes and maintains a drug and alcohol testing program in compliance with the act. La. Rev. Stat. Ann. § 49:1001 - 1012 (West Supp. 1999); La. Rev. Stat. Ann. §23:1081 (West 1998); La. Rev. Stat. Ann. §23:1601 (West Supp 1999). State law prohibits an employer from requiring an employee or applicant to pay for a drug test. However, an employer may withhold the cost a preemployment drug test if the employee resigns within ninety days of starting work. La. Rev. Stat. Ann. 23:634 and 23:897 (West 1998). Employer Tax Credit State law includes a provision whereby employers may be eligible for a tax credit against their state income tax in the amount of five percent of the 'qualified treatment expenses' incurred by the employer for substance abuse treatment services

WORKERS COMPENSATION

LOUISIANA Workers' Compensation State law allows that an employer may deny benefits to an employee whose injury is caused by his or her intoxication. A positive drug test conducted in accordance with the law or a positive alcohol test at .10 percent or higher leads to the presumption that the incident was caused by the employee's intoxication. Employers may conduct drug testing immediately following a job-related accident. Refusal to submit to a test results in the presumption that the employee was intoxicated at the time of the accident.