When an employee is injured on the job, demanding the injured employee submit to a drug test may prevent an employee whose was intoxicated at the time they were injured from claiming workers compensation benefits.
Unlike drug testing job applicants, however, drug testing employees isn’t always legal. But when an employee is involved in a workplace accident and you have a reasonable suspicion the employee may be under the influence, you may typically require that worker to submit to a drug test.
How can you make sure your post-accident drug-testing policies and procedures are legally sound? Here are five tips:
If you need help drafting your employee handbook or setting your workplace policies on post-accident drug testing, an employment lawyer can explain the law in your state and help make sure you’re covered in the event of a workplace injury.
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Related Resources:
- The 5 Most Common Workplace Injuries Revealed (FindLaw’s Free Enterprise)
- Fired for Marijuana: Employer Drug Policy Trumps (FindLaw’s Free Enterprise)
- Employee Car Accident: Who is Liable? (FindLaw’s Free Enterprise)
- Workers’ Comp: What Injuries Are Covered? (FindLaw’s Injured)
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