Many companies have already answered the question: “Why drug test?” and found plenty of good reasons: compliance, safety, health, workers’ compensation advantages, preventing liability.
The next question is: “Why train my supervisors and my employees in our drug testing program?” and the answers are pretty much the same: compliance, safety, health, workers’ compensation advantages, preventing liability.
Compliance? Yes, because. . .
7 states require at least one-time supervisory training.
3 states require additional annual supervisory training.
5 states require employee training.
1 state requires employers to “develop a plan” for educating employees.
And, in states with no requirement? If you don’t you’re taking on a whole new set of risks in your drug testing program. It makes sense to educate your supervisors and employees because how can they use your drug testing program to enhance safety and health in the workplace if they haven’t been trained to implement the program?
Employers with drug testing experienced a 51% reduction in workplace injury rates within two years of implementing a drug-testing program.)
A company might find itself unable to take advantage of workers’ compensation discounts if its supervisors have unwittingly fallen out of compliance with a particular state’s drug-free workplace program.
Some states have “presumptive denial of benefits,” meaning while a properly executed drug testing program can make a workers’ compensation claim dissolve, the company could lose the advantage if a supervisor failed to follow that particular state’s laws for post-accident testing.
Liability? If the employee’s lawyer knows more than the employer and the supervisor about state drug testing laws, both the employer and supervisory could find themselves paying a price. In a recent Ohio case a manager was hit with a $1.6 million judgment when one of his employees caused a death at work. (workersxzcompxzkit)
Supervisory and employee training is just one more piece of the drug testing program puzzle.
Unfortunately, there’s no “cookie cutter” approach because each state has its own laws. And you, the employer must understand and implement the laws in every state where you conduct business.
Attorney Judge, JD, LLM can be reached at The Center for Drug Test Information, 877-423-8422 [email protected] or www.centerfordrugtestinformation.com
FIND U.S. Drug Testing Laws here:http://www.reduceyourworkerscomp.com/drug-testing-state-laws.php
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact I[email protected]
