We own a small construction company and until now did not feel we needed to require pre-employment drug testing or random testing. A recent hire has begun to make us question a few things. In the event of injury can we demand a drug test? If said employee were to be injured on the job would we, having no drug testing policy in place, be able to force him to immediately take one? Would OSHA or our worker compensation insurer require one before any kind of masking agents were taken? If our insurer was able to and drugs were detected could we face penalties for not having this type of policy in place? And finally does requiring drug testing of any kind reduce the cost of worker's compensation insurance?
Any drug test given should be pursuant to a comprehensive policy. You should discuss this issue with your corporate counsel for more information.
Workers' Compensation Lawyer
The purpose of a post-injury drug test is to identify intoxication as a potential injury cause. It will assist the WC Carrier in reducing your costs if it is accomplished, but you will not get in trouble if it is not. You may wish to develop a Drug Policy for Applicants and Injuries prospectively.
We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
Your most productive conversation on this topic would be with your WC insurance carrier. Your interests are aligned.
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