Many employers wonder whether a drug-free workplace program is worth the effort, and how testing after an accident fits with workers’ compensation. The answer depends heavily on state law, and getting it wrong can create problems for both the employer and the employee.
This article gives a general overview so you know what to ask.
What a drug-free workplace program includes
Programs commonly include a written policy, supervisor and employee education, testing under defined circumstances, access to assistance resources, and consistent enforcement. Written procedures help ensure testing is applied fairly.
Possible premium incentives
Some states offer workers’ compensation premium credits or discounts to employers who meet specific program requirements. Availability and rules vary, and not every state has such a program. Your agent can tell you whether your state offers one and what the requirements are.
Post-accident testing and claims
In some states, a positive test following an injury may affect eligibility for benefits, or may shift the burden of proof about causation. In others, the rules are narrower or testing is restricted. Because outcomes depend on the state, employers should be cautious about assuming a test result automatically ends a claim.
Consistency and fairness
Testing should follow the written policy and be applied consistently, not selectively. Some federal agencies have also raised concerns about blanket post-injury testing that could discourage injury reporting, so many employers define when testing is appropriate with legal guidance.
Medical marijuana and prescription medications
State laws about cannabis and prescription medications add complexity, and employer rights vary. Policies should be reviewed with qualified counsel to reflect local rules.
Supervisor training matters
Supervisors who can recognize signs of impairment and know the proper procedure for handling concerns are an important part of any program.
Next steps
Before launching or revising a program, consult employment counsel and your insurance agent. An independent agent can explain what incentives may exist and compare carriers’ safety services. We are glad to help.