Workers’ comp drug testing: what's legal?

Dovie Schimmel asked a question: Workers’ comp drug testing: what's legal?
Asked By: Dovie Schimmel
Date created: Sun, Jul 4, 2021 6:13 PM

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Those who are looking for an answer to the question «Workers’ comp drug testing: what's legal?» often ask the following questions:

❓ Drug law workers comp?

In 2002 the Ohio supreme court ruled that drug testing a injured worker was unconstitutional.

❓ Workers comp dentist?

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❓ Do social workers get drug tested for workers comp?

Do You Have to Pass a Drug Test to Get Workers’ Comp? April 23, 2018 / Law Offices of Gerald D. Brody & Associates When you get injured in a job-related accident, workers’ compensation is supposed to cover your medical bills and pay you for any days you take off work to recover.

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One result of the OSHA action is the effect it will have on an employer’s right to conduct drug and alcohol screenings of workers involved in incidents where an injury or illness occurs. The regulations could restrict an employer from requiring a workers’ comp drug test as a condition for a worker applying for benefits under state laws.

Drug Testing, after a work accident, has ramifications with respect to workers’ compensation law. In California, there is an Intoxication Defense. The Intoxication Defense is within Labor Code Section 5705, and provides an affirmative defense of the employer can show that the employee’s intoxication was the cause of their injury.

Is A Drug Test Required For Workers’ Comp? Workers’ compensation is a no-fault system, so if you’re injured on the job, you don’t need to provide proof. There is no state that requires employers to drug test their employees following an accident. Some employers may not even bother requiring a drug test following a workplace accident. They may not want to pay for testing or wait for a test to become available.

As far as workers’ compensation claims, the statute allows for employers to test any employee who sustains a personal injury on the job. Bottom line: If you get hurt at work, it is within the employer’s legal right to test you for drug and alcohol intoxication following a work-related injury.

Pennsylvania law does allow employers to deny workers compensation claims for injuries caused by an employee’s use of illegal drugs or alcohol intoxication. It is very likely that claimants will be required to undergo a post-injury drug test prior to the approval of their workers’ compensation claim.

ALERE TOXICOLOGY: STATE LEGAL STATUS FOR WORKPLACE DRUG AND ALCOHOL TESTING | 3 Legal status for workplace drug and alcohol testing ARIZONA Arizona has a voluntary drug testing law. For companies that wish to qualify for limited legal protections they must comply with this law; other companies are not mandated to comply.

These new regulations were put into place because the U.S. House of Representatives Committee on Education and Labor realized that “to intimidate workers, employers may require that workers are tested for drugs or alcohol [after every incident or injury], irrespective of any potential role of drug intoxication in the incident.”

In most states there are no requirements or limits for drug testing on the job. The law does not require employers to provide a written drug policy except for workers' compensation and unemployment purposes. In some areas, employers are allowed to do drug testing on employees based on reasonable suspicion without prior notice.

However; with regard to a Texas Workers' Compensation claim, there exists not requirement for an injured worker to submit a specimein for drug and alcohol testing. Therefore, the payment of benefits cannot be conditioned on the injured employee's acquiesence to drug and alcohol testing.

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