Sample Drug-Free Workplace Policy

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GOALS OF THIS GUIDE

Louisiana law allows employers a defense to workers’ compensation claims due to drug or alcohol intoxication [La. Rev. Stat. 23:1081]. It provides an employer the right to require employees to submit to drug testing if they are injured on the job. An employee who does not submit to the testing will be presumed to be intoxicated.

Whenever alcohol is involved, there will be a presumption of intoxication if the level of alcohol in the blood is 0.10 or greater. A positive test for drugs or alcohol will result in a presumption that the employee was intoxicated at the time of the accident and was the cause.

An employer wishing to take advantage of the drug defense must be confident that the drug testing is performed in accordance with the rules of the Office of Workers’ Compensation and should develop a written Drug and Alcohol Abuse Policy.

Case law has held that the presumptions do not apply unless the employer has a written and promulgated drug policy. LWCC Safety Services offers a sample substance abuse plan to assist you in the development and establishment of a written program.

Click here to download sample policy in Spanish

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