Drug Testing Legislation Will Assist Employers
Due to recent legislation signed by Governor Taft, an employee who tests positive for the use of certain controlled substances or has a blood alcohol level of .1% following a workplace injury must prove that he or she was not impaired at the time of the injury in order to be eligible for workers' compensation benefits. Failure to meet this burden could result in denial of the workers' compensation claim for all injuries occurring after April 10, 2001.
The new law is a welcome change for Ohio employers who previously bore the burden of showing that an employee who tested positive for such substances was both impaired at the time of the accident and that the impaired condition was the proximate cause of the injury.
To be eligible for the "rebuttable presumption" afforded under this legislation, employers must provide sufficient notification to employees that the results of a chemical test, or the refusal to submit to such a test, may impact their eligibility for workers' compensation benefits. To ensure that your company will benefit from this new law, please contact our office to review your current drug and alcohol testing policies.
Submitted by:
Black McCuskey, Souers & Arbaugh, LPA 1000 United Bank Plaza, 220 Market Avenue S, Canto, Ohio 44702 330/456-8341
