School District Looks at Drug Testing Policy Following Teacher Death

Officials in one  Pennsylvania school district are looking at a wide-ranging drug testing policy for its employees following the death last month of a district teacher. 

According to
  Allentown's Morning Call, officials have shown interest in a policy that would include pre-employment testing of prospective teachers along with administrative and custodial staff and the bus driving corps. They're also are reportedly looking to explore conducting random drug testing of current employees.

In December
,  a high school biology teacher was discovered dead on the bedroom floor of an apartment with several bags of suspected heroin and drug paraphernalia nearby. Her death remains under investigation as the coroner's office awaits the results of toxicology tests before reporting the cause of death.

At the time
,  school officials reported they were unaware of any drug use by the teacher and report no evidence of widespread drug issues among staff. (workersxzcompxzkit)

Any random
 drug testing that would be slated for current staff would likely require approval from the teachers union.

Resource: http://reduceyourworkerscomp.com/drug-testing-state-laws.php

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

Podcast/Webcast: How To Prevent Fraudulent Workers' Compensation Claims Click Here http://www.workerscompkit.com/gallagher/podcast/

Fraudulent_Workers_Compensation_Claims/index.php

We accept articles about WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.
 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Number 1 Drug of Choice Is Alcohol; Test-Measurable Alcohol Usually Slept Off Before Work

TWO KEY MYTHS ABOUT DRUGS and ALCOHOL USE Myth #1:     The best way to reduce workplace addiction commits most resources to catching abusers, so as to deter other employees from substance abuse. Reality:  This "war on drugs" enforcement tactic has not reduced worker addiction.  The #1 drug of choice is alcohol, and test-measurable alcohol is almost always "slept off" before work.  A DFW program primarily focusing on drug testing undermines DFW integrity, encourages adulteration and lowers employee morale. Employer TipShift strategy/resources to create DFW cultural norms consistent with zero-tolerance, personal responsibility, continuous-improvement coaching, employee empowerment, health/wellness, and employee assistance.  Complete the "win-win" by enhancing leader competency to manage accountability for performance expectations, and gain the competitive advantage of highest employee engagement and increased productivity organization-wide. Myth #2:     Transforming a work culture to truly achieve and sustain a substance-free environment takes a significant amount of money and time. Reality #1:  Not true. Financing a DFW culture essentially amounts to shifting resources (refer to substance related employer costs documented in Myth #2). Reality #2:  Integrating best-practice change-management techniques and Lean principles will fast-track DFW transformation and improve/accelerate ROI!  With supportive executives, the infrastructures for a new/upgraded DFW culture can be implemented in less than a week, and instantly begin delivering a huge ROI. (workersxzcompxzkit) Employee Tip:  Implement DFW cultures which are leader/employee driven and hard-wire measurable performance expectations. Create a dashboard of success-measures (expense and revenue indicators) and post quarterly, company-wide. Authors: Bill White MSN and Katharine White MSN About the authors: K & B White are leadership entrepreneurs who co-founded DFW-Renaissance Inc. (www.dfw-r.com) and co-developed managerial science innovation DFW-R Lean CultureTM (to create/sustain highly engaged drug free workforces). Both are former hospital C-Suite executives with extensive drug treatment, leadership and behavioral health experience. Look for their upcoming headline article in DATIA Focus on DFW Culture Change and Employee Morale. They can be reached by email at billtwhite@cox.net and phone at 401-615-5775.

To review laws in your state on workplace drug policies and rules for testing employees see http://reduceyourworkerscomp.com//drug-testing-state-laws.php

Follow Us On Twitter: www.twitter.com/WorkersCompKit Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman's comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com�

DNA on Airbag Catches Alcohol Impaired Canadian Employee Who Crashed Boss’s Truck

Airbag DNA Nails Employee Who Crashed Boss's Truck – Interesting situation given it is Drug Free Workplace Week A Canadian judge  fined a man more than $5,000 after investigators relied on DNA evidence and cell phone records to catch a North Vancouver man who crashed his boss's truck and then fraudulently claimed it had been stolen. According to  the Canadian Broadcasting Corporation, the incident took place in the early-morning hours of when someone crashed a truck into a road sign on the Upper Levels section of Highway 1, north of Vancouver. Police discovered  the truck with the keys in the ignition, both airbags deployed and the engine still warm, but the driver gone.  Later in the same morning a man reported the same truck stolen to the Royal Canadian Mounted Police at approximately 11:30 a.m., a man called the RCMP to report the truck stolen, a claim he repeated later that evening and again a few days later in a theft claim to the Insurance Corporation of B.C. The insurance company  concluded the truck was a write off, but investigators were concerned about the man's claim that the truck was stolen prior to the crash.  ICBC's special investigation unit tested the driver's airbag for DNA, and then checked the man's cell phone records, and were led to his girlfriend's home nearby. The girlfriend  initially backed up the man's story, but later admitted he told her he was drinking and crashed the truck, abandoned it and decided to submit a theft claim. According to an ICBC spokesperson, DNA testing from the airbag in the truck determined that the man was behind the wheel when the airbag deployed. (workersxzcompxzkit) The man  eventually pled guilty to making a false or misleading insurance claim.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman's comp issues.

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Employees Present (But Impaired) Cost 6.5 Times More Than Absenteeism

2009 Drug Free Work Week 10/19-10/25, HI-LITES Myth:  Absenteeism is the leading substance addiction expense for employers. Reality:  Untrue!  It is estimated that "presenteeism" (present at work but impaired) may be 6.5X more costly than absenteeism.   In fact, many substance addicted workers are never intoxicated on the job, but are in an acute phase of detoxification, given the short acting pharmacology of alcohol and most illicit drugs.   In simplest terms, this is brain-impaired presenteeism. Employer Tip:  Be vigilant for substance related presenteeism (i.e. alcoholism: tremors, sweating, irritability, mistakes, poor judgment, injuries etc.). Best practice mandates immediate feedback re: symptoms/behaviors, and facilitated discussions with managers and staff to explore presenteeism solutions. Myth:  Recent data published in the Wall Street Journal showing a declining rate of positive urine drug tests means that workplace substance abuse is decreasing. Reality:  No scientific conclusions* can be drawn from this data about workplace substance abuse.  What definitely is true is that urine drug test adulteration and substitution is big business.  On the day this article was written, a web-search of "How to beat a urine drug test" returned 976,000 results!  These results showed how to beat employment screening, return to duty and random drug testing, even naming specific companies and their urine drug testing protocols to ensure best-practice adulteration method!  SAMHSA's substance abuse survey data shows worker substance addiction to be over 10% for decades, including the latest results from 2007 (8.8% illicit drugs and 8.9% for alcohol).  The Supreme Court shares our concern, recently ruling that regardless of company policy/preference, all workers who test positive  must be observed  during return to duty drug testing. (workersxzcompxzkit) *[The authors have contacted the Wall Street Journal Editor to clarify any misperceptions]. Employer Tip:  Consult a clinical expert about drug test contamination and the latest drug testing technologies, some of which help minimize adulteration (i.e. lab-based oral fluids testing with "non-mandated" companies).  Be cautious of any research study interpretations which do not match up with SAMHSA's data. Authors: Bill White MSN and Katharine White MSN About the authors: K & B White are leadership entrepreneurs who co-founded DFW-Renaissance Inc. (www.dfw-r.com) and co-developed managerial science innovation DFW-R Lean CultureTM (to create/sustain highly engaged drug free workforces). Both are former hospital C-Suite executives with extensive drug treatment, leadership and behavioral health experience. Look for their upcoming headline article in DATIA Focus on DFW Culture Change and Employee Morale. They can be reached by email at billtwhite@cox.net and phone at 401-615-8775.

To review laws in your state on workplace drug policies and rules for testing employees see http://reduceyourworkerscomp.com//drug-testing-state-laws.php

Follow Us On Twitter: www.twitter.com/WorkersCompKit Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman's comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Drug Free Workplace Myth: Addicted Workers Are Unemployed and Costs Are Falling

2009 Drug-Free Work Week 10/19-10/25, HI-LITES During Drug-Free Work Week, WCK Blog will present a fine article dispelling 10 common myths about substance addiction in the workplace.  Follow our blog from October 19th to October 25th to learn some important information and how to manage, as our authors say, “our nationa’s #1 public health and economic workplace challenge.” The latest data*  estimates  Workplace Substance Addiction annually costs US Employers $250 Billion, and substance related deaths are equal to a jumbo jet plane crash every day. This article dispels some key myths that help perpetuate what is now our nation’s #1 public health and economic workplace challenge. *[SAMHSA, US Dept of Labor, US Bureau of Vital Statistics and Workers Comp Commission ] Myth:     Most Individuals addicted to alcohol and/or illicit drugs are unemployed. Reality:  More than 75% of substance addicted persons work [SAMHSA 2007]. The rate of substance addicted workers in the average workplace is about 13%. Employer Tip:  Search  SAMHSA.gov  for current substance abuse statistics and free information about prevention and treatment. Workplace addiction can be prevented with innovative best practices that save time, money and lives. Myth:     The financial consequences of workplace substance abuse are decreasing. Reality:  Employer expenses related to substance abuse are increasing and may exceed $250 Billion per year, based only on the following expenses: –  Workers’ Compensation:  Substance abusers register 50% of all claims and 5X more claims than average. [National Council on Compensation Insurance] –  Health Benefits:  Abusers utilize 8X greater health benefits and spend >300% more on healthcare than peers. [US Department of Labor] –  Absenteeism:  Substance abusers account for 35% of all work absences and are 6X more truant than colleagues. [US Department of Labor] –  General:  Substance addicted employees are responsible for much higher rates of workplace turnover, theft, accidents, deaths and violence.  [Special Congressional Report on Alcohol and Health; US Department of Labor]  (workersxzcompxzkit) Employer Tip:  Implement Drug Free Workplace (DFW) programs featuring zero-tolerance, high integrity drug testing, measurable performance behaviors, and Lean principles to best and most quickly impact substance-related expenses. Authors: Bill White MSN and Katharine White MSN About the authors: K & B White are leadership entrepreneurs who co-founded DFW-Renaissance Inc. (www.dfw-r.com) and co-developed managerial science innovation DFW-R Lean CultureTM (to create/sustain highly engaged drug free workforces). Both are former hospital C-Suite executives with extensive drug treatment, leadership and behavioral health experience. Look for their upcoming headline article in DATIA Focus on DFW Culture Change and Employee Morale. They can be reached by email at billtwhite@cox.net and phone at 401-615-8775.

To review laws in your state on workplace drug policies and rules for testing employees see http://reduceyourworkerscomp.com//drug-testing-state-laws.php Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Follow Us On Twitter: www.twitter.com/WorkersCompKit

What Risk Managers Need to Know about Drug and Alcohol Testing Programs

What Risk Managers Need to Know About Drug and Alcohol Testing Programs

Drug and Alcohol  screening is one of the most common risk management weapons in the arsenal of tools to contain workers comp costs; the goal is to hire employees who are capable of performing the job they are hired to do and to prevent losses where you can.

 

Among the tools  used are drug, alcohol and impairment testing that affect job performance. Medical evaluation programs often include such testing. Pre-employment screening of various types helps employers avoid hiring those who cannot safely perform the functions of the job. And, it also reduces costs because in twelve states, workers’ comp insurance premiums are discounted for companies with substance abuse policies and in 15 states presumption of intoxication and/or cause can avoid paying a claim.

 

In the workers’  comp risk management arena there are 4 types of drug and alcohol screening: pre-placement screening, reasonable suspicion or for cause, post accident testing and random testing.

 

There are several  types of polices we recommend employers institute, among these is a Company Medical Policy or Substance Abuse Policy. Like all policies, the terms of the policy will need to be customized to comply with corporate culture considerations and with various state and federal laws. Both the Company Medical Policy and the Substance Abuse Policy can refer to drug and/or alcohol screening.

 

The policy  should include what type of drugs the applicants or employees will be tested. Some model policy requires testing for marijuana and cocaine, but with the increased use of prescription drugs companies may also want to test of amphetamines, opiates and phencyclidine (PCP).

 

Consider  the scope of testing, who will be tested. The prime candidates are safety-sensitive workers, such as those who drive or operate machinery on public roads, employees engaged in hazardous duty or those working with radioactive or explosive materials, medicines or firearms. Essentially, any employee whose job affects health and safety.

 

It is probably  easiest to start a program with new hires rather than existing employees especially if a company does not have an existing program.  All prospective employees who have been offered employment are required to take a drug test. If the individual’s test results are positive, he will not be considered for employment.

 

The policy  should be communicated to all employees as part of an employee awareness and education program duty at the company. Some states require proof that each employee has been given a copy of the policy, so each employee should sign an acknowledgement that they have received the policy. Educating employees about the severity of the drug and alcohol problem is also important and in some states required.

 

The  type of testing to be done will include considering state law, as well as the cost and facilities needed for testing. For example, hair sample testing is more discreet and easier to collect samples, but is not allowed in some states. It is also more expensive and provides results for a longer duration of time – time that did not affect work performance.

 

Consider  why you want to have a drug testing program. For example, I had a company contact me to begin a drug testing program because they had a fork-lift driver who had repeat accidents, including running off a ramp and running into a warehouse support pole. I suggested that perhaps the accidents were due to eyesight problems, but because the employee wore Grateful Dead t-shirts, the assumption was he was using drugs. In fact, the issue turned out to be eye-sight related.

 

Disciplinary Guidelines:  In most states, there are no limits on the type of discipline imposed.  However there are six (6) states and Puerto Rico that limit the type of discipline that an employer may impose on employees who test positive.

 

Employee Assistance Programs:  In some states like Maine and Vermont an employer wishing to conduct workplace drug or alcohol testing must have an EAP.  Many other states offering benefits also require at least some form of local EAP resource file to be maintained.  (workersxzcompxzkit)

 

Overall, while implementing  a workplace drug and alcohol testing program may seem detailed, especially for multi-state employers, the benefits far outweigh these up-front details. It has been estimated that 38% to 50% of all work comp claims involve a drug or alcohol issue.  This being the case, a well-designed drug and alcohol program can help combat this reality and return hard earned dollars to the bottom line.

 

For the drug test laws in your state visit   http://www.reduceyourworkerscomp.com/drug-testing-state-laws.php

 

Authors: William Judge and Rebecca Shafer William Judge, J.D.  is an attorney who, for the past 24 years, has concentrated his practice on legal issues related to substance abuse in the workplace and in our nation’s schools. Mr. Judge provides risk management assessments, legal and consulting assistance and develops drug-testing policies for schools, employers and labor/management committees. He is the co-founder of the Center for Intoxication Defense Management, www.dtstatelaws.com that assists employers in defeating work comp claims when the worker was intoxicated. He can be reached at bjudge@lawsinhand.com or 708-334-8010.

 

Rebecca Shafer, J.D.,  President Amaxx Risk Solutions, Inc., Ms. Shafer is a graduate of Franklin Pierce Law Center and is licensed to practice law in CT and NH. For 25 years, she has been helping employers reduce workers’ compensation costs. Recently she developed Workers Comp Kit, a web-based cost containment program and is the publisher of www.ReduceYourWorkersComp.com, a resource website for employers with workers’ compensation problems. She can be reached at RShaferB@ReduceYourWorkersComp.com

Take Our Free WC IQ Test: http://www.workerscompkit.com/intro/

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.

 

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com   860-786-8286.or

 

Alcohol Testing for Truckers and Bus Drivers Reduces Risk Of Alcohol Involvement in Fatal Crashes 23 Percent

Alcohol Testing for Truck and Bus Drivers Lessens Alcohol Involvement in Fatal Crashes

A Relatively Simple Choice to Lower Work Comp Cost — T E S T

Recent studies  published  in the American Journal of Epidemiology, indicates mandatory alcohol testing programs for truck and bus drivers is a factor in lessening alcohol involvement in fatal crashes.

Dr. Guohua Li,  professor of epidemiology at the Mailman School of Public Health at Columbia University and colleagues at The Johns Hopkins Bloomberg School of Public Health, reported there are about 4,000 fatal crashes involving heavy trucks and buses each year and approximately 3% of the motor carrier drivers and 27% of non-motor-carrier drivers in these fatal crashes are discovered to be under the influence of alcohol. (workersxzcompxzkit)

The study encompassed  70,000 motor carrier — heavy trucks and buses — drivers and more than 83,000 non-motor-carrier (car) drivers.  A further look at the study estimates the net effect related to the mandatory alcohol testing programs for drivers of heavy trucks and buses was a 23% decreased risk of alcohol involvement in fatal crashes.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

We are accepting short articles* (400-1200 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Multi-State Employers MUST Have Separate State Drug Testing Policies

Employers Ask

 

Q: Do I have to have a written drug test policy?
A: Yes.

 

Q: Do I have to have state-specific written policies?
A: Yes
.

 

Q: Can’t we just have one that mirrors DOT?
A: No.

 

The days of simplicity,  of a single, one-fits-all approach to drug testing are gone. Multi-state employers can no longer rely upon a single (corporate) workplace drug test policy.  There are at least 21 states (and Boulder, CO) requiring or, depending on employer choices, justifing a separate policy.

 

This need is emphasized  by recent court decisions in Connecticut, Minnesota, Oklahoma and Vermont, among others, making it increasingly clear multi-state employers MUST know and follow local rules.  This means that “mirroring” DOT may be the biggest mistake an employer can make.

 

You have to follow  the rules that apply to the test being performed, be it DOT-regulated or conducted in a state with its own set of rules.

 

What are some of those rules?  A sample includes the following:
● 7 states limit discipline for the first positive;

● 12 states limit random testing to safety-sensitive jobs only;

● 23 states require either a split sample or retest;

● 23 states require that tests be conducted per federal DOT or DHHS;

● 19 states require written notice of a positive test – IA by certified mail;

● 12 states require that notice/policy be posted;

● 8 states require initial or annual training/education;

● 21 states specifically define what a “specimen” is;

● 18 states have specific alcohol positive levels.

 

These are but  a few of the many state-by-state differences any multi-state employer must take into account regarding who can be tested, when, how, where and for what substances.  Additionally many states expect to see their own format (e.g. Florida, Maine) or have specific language (e.g. Missouri, Mississippi) that must appear somewhere in the policy and/or notices to employees and/or applicants.  Failure to follow these rules and expectations could result in significant losses if yourthe employer’s policy is challenged.

 

Some recent cases  where employers ignored state rules, tested under their “company” policy and as a result lost when challenged include the following:

 

Oklahoma: 2009, ConocoPhillips pays $583,413 (over $750,000 with attorney’s fees) for willful violation of Oklahoma’s mandatory statute. Estes v. ConocoPhillips Company, Case No. 05-CV-445-GKF-PJC)

 

Minnesota: 2008, INGDirect pays punitive damages for not accurately enforcing state law. (Wehlage v. ING BANK, FSB, d/b/a/ ING DIRECT, Case No. 07-CV-1852 (PJS/RLE))

 

Missouri:  2006, Wal-Mart looses unemployment case because the company policy did not accurately reflect state law. (Gaylord v. Wal-Mart Associates, Inc. and Division of Employment Security, WD 65939)

 

Connecticut: 1996, Employer failed to consider state law requirements when enforcing its policy. (Doyon v. Home Depot U. SA., Inc. 850 F. Supp.125).

 

Additionally,  if a test was not performed as required under state or local laws an employer will be unable to defeat an unemployment claim or, worse yet, not be able to defeat a workers’ compensation claim that might have otherwise been easily defended.

 

The list of states  requiring/justifying separate policies and the reason(s) for this are as follows:

  1. AL       Voluntary DFWA & Presumptive Denial with warnings required
  2. AR       Voluntary DFWA
  3. CO       Presumptive Work Comp Denial law
  4. CT       Mandatory Law (unique criteria)
  5. FL        Voluntary DFWA (unique criteria)
  6. GA       Voluntary DFWA (unique criteria)
  7. HI        Mandatory Law (unique criteria)
  8. IA        Mandatory Law (unique criteria)
  9. ID        Voluntary DFWA (unique criteria)
  10. ME       Mandatory Law (unique criteria)
  11. MN      Mandatory Law (unique criteria)
  12. MO      Presumptive Unemployment requirements
  13. MS       Voluntary DFWA (unique criteria)
  14. MT       Mandatory Law (unique criteria)
  15. OH       Voluntary DFWA (unique criteria); Presumptive Work Comp Denial law
  16. OK       Mandatory Law (unique criteria)
  17. RI        Mandatory Law (unique criteria)
  18. TN       Voluntary DFWA (unique criteria)
  19. UT       Mandatory Law (unique criteria); Presumptive Work Comp Denial law
  20. VT       Mandatory Law (unique criteria)
  21. WY      Voluntary DFWA (unique criteria)
  22. Boulder, CO, Mandatory Ordinance (unique criteria)

 

Ten (10) of these states  (and Boulder, CO) are mandatory and there is no choice but to have a separate policy because of required language or other criteria.

 

Frequently,  employer operate under the misconception that if they “mirror” federal DOT rules they are somehow safe from liability and can operate from a single company policy.  Nothing is further from the truth.  There are many ways that following DOT can get you into trouble, such as states only permitting testing if there is suspicion of “impairment” on the job, states requiring different alcohol cutoff levels, states allowing more time to request a split sample to be tested, and many more.

 

The bottom line,  and it really does impact your bottom line, is you must follow the rules that apply to the tests you are conducting.  To do otherwise is simply dodging bullets. Find a full description of individual state and territory laws at http://www.reduceyourworkerscomp.com/drug-testing-state-laws.php.

Attorney Judge, JD, LLM can be reached at The Center for Drug Test Information, 877-423-8422.  info@centerfordrugtestinformation.com;  http://www.centerfordrugtestinformation.com/.

 

Follow Us On Twitter: www.twitter.com/WorkersCompKit

Do not use this information without independent verification.
All state laws vary.

©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

 

Drug Testing, Workers Compensation and State Laws

Employers Considering Drug Testing Find Laws Available

It’s all about
  reducing workers’ compensation costs.  At ReduceYourWorkersComp.com, we continue to offer very useful cost reduction methods.   As part of the effort to reduce workers’ compensation costs many companies perform drug testing using pre-employment (post-offer) drug and alcohol testing, and post-accident and random drug testing.

By special arrangement  with The Center for Drug Test Information (CDTI), our readers can view current statutes and regulatory rules for state drug testing laws, where applicable.  Follow this link,  http://www.reduceyourworkerscomp.com/drug-testing-state-laws.php to read that state’s drug testing regulations.

The source of this information  is the state regulations and/or case law in each state. To the best of our abilities we keep the information current and normally update twice a year.  Be aware, however, statutes and case law may change more frequently than we are able to catalog them so check with your own attorney or corporate counsel to make sure the information is current and applicable to your situation.

Author:  Director, Amaxx Risk Solutions, Inc. 

Click on these links to try it for yourself.
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 Info@ReduceYourWorkersComp.com

Workplace Drug Testing The Importance of Supervisory and Employee Education

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 centerfordrugtestinformation@yahoo.com 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 Info@ReduceYourWorkersComp.com

 

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Unnecessary printing not only means unnecessary cost of paper and inks, but also avoidable environmental impact on producing and shipping these supplies. Reducing printing can make a small but a significant impact.

Instead use the PDF download option, provided on the page you tried to print.

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