Workplace drug testing tends to be a hot button topic in a variety of different scenarios. There are many states that allow drug testing of employees to promote a drug-free environment and increase safety for both workers and potential customers. Drug testing may be part of your normal routine at your workplace or perhaps you may have never been drug tested. Regardless of which category you fall into, it is important to understand what could happen if your employer requires a drug test after you are injured on the job.
OSHA Provision
In Georgia, and many other states, the government allows employers to drug test workers after an accident if they believe that the drug’s influence over the injured worker could have caused the accident. This right is outlined in a 2016 OSHA provision prohibiting mandatory post-accident drug testing because OSHA believes it discriminates against employees unless: a) drug use is a likely factor in the accident or b) the test can accurately identify the impairment caused by use of the drug.
Impact of a Positive Test
You have many rights as an injured worker, one of those including refusing a drug test, however the implications of refusing a drug test after an accident on the job may not work in your favor. If you are required to take a drug test after a workplace injury and are concerned that your workers’ compensation rights may be compromised, contact an attorney immediately. Although the results of your drug test could potentially impact the likelihood of you receiving workers’ compensation benefits, it is not the only factor that is considered when the Workers’ Compensation Board looks at your case.
Contact an Attorney
If you test positive on a drug test after a workplace injury, your attorney can put together a case to prove that whatever drug was present in your system did not contribute to your accident. For example, if you slipped and fell on the job but your post-accident drug test showed a particular drug in your system, it could potentially be proven that you would have slipped and fell and suffered from the same injury regardless of if you had the drug in your system or not. There are many instances in which presenting the facts and proving that the presence of a drug does not affect the outcome of your workplace accident or injury allows the injured employee to receive the fullest workers’ compensation benefits they deserve. Contact Poirier Law Firm today if you have tested positive on a post-accident drug test so we can review your case and help determine the best way to fight for your rights as a Georgia worker!