Summary of Law(s) and Regulation(s):
Benefits may be denied 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. Ann. §23:1081 (Supp. 2004) http://www.legis.state.la.us/lss/lss.asp?doc=83357 and La. Rev. Stat. Ann. §23:1221 (3)(g) (Supp. 2004) http://www.legis.state.la.us/lss/lss.asp?doc=83447