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Contact
Information
LA Department of Labor
PO Box 94094
New Orleans, LA 70804
Phone: 504-342-3011
Internet: www.house.state.la.us
Workers' Compensation
LOUISIANA
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. La. Rev. Stat. § 23:1081 (1998).
Drug Testing
LOUISIANA
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. La. Rev. Stat. Ann.
47:6010 (West Supp 1999).
Contact
Information
Louisiana Law Library
Room 100
301 Loyola Avenue
New Orleans, LA 70112
Phone: 504-568-5706
Internet: www.house.state.la.us
LOUISIANA
Unemployment Compensation
State law provides that benefits may be denied to an
employee who is discharged for misconduct. On- or off-the-job
drug use, as evidenced by a positive drug test conducted
in accordance with the provisions of the law, constitute
misconduct. Refusal to test also constitutes misconduct.
Specific collection procedures must be followed La.
Rev. Stat. Ann. §23:1601(10)(West Supp. 1999).
Contact
Information
Louisiana Law Library
Room 100
301 Loyola Avenue
New Orleans, LA 70112
Phone: 504-568-5706
Internet: www.house.state.la.us
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