Workers’ compensation laws require automatic drug testing following workplace accidents but according to the Occupation Health and Safety Administration, employers must establish reasonable procedures for employees to report work-related injuries and illnesses in a manner that must not “deter or discourage” employees from making such reports. Obviously if employees have to undertake mandatory drug testing it may deter them from reporting any illness or injury.
However, most employers insist on such testing in the event of work place injuries to ensure the workers’ compensation coverage.
It appears that the way to reconcile it is that, according to OSHA the new Rule only prohibits drug testing of employees if they report work-related injuries or illnesses without an objectively reasonable basis for doing so. In other words there needs to be a reasonable basis for testing for drugs and if the employer had a reasonable basis for believing that drug use by the reporting employee could have contributed to the injury or illness. If so, it would be objectively reasonable to subject the employee to a drug test.
To learn more about your rights and potential compensation after a work-related accident, please call the Cumberland work accident attorneys of Dolina Hobbs, LLC, at (301) 739-1013 or contact us online today.
