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  • January 22nd, 2010

    Legal issues with workplace drug testing

    Here is the story. Some states have tougher rules then others. If I had the time to go through them all I would. I have been working on them slowly however laws change frequently.

    UNEMPLOYMENT will be denied to you in most states if you were fired for a positive drug test. However, in other states an employer cannot fire an employee if they test positive the first time. The employer must also give allotted amount of time before drug testing again.

    WORKERS COMPENSATION will not be given to an employee if he is found with high levels of narcotics in ones system while being drug tested for a recent work related injury. Note a person is usually tested within hours of seeking medical attention at the hospital the employer sends you to. Some states will give you a reduced rate of Workers Compensation if your accident was found to be cause by drugs or alcohol.

    Example: Colorado, Idaho, & Missouri reduces Workers Comp rate by 50% if positive drug test is involved. Wisconsin’s benefits are reduced by 15% but they may not exceed $15,000. All other states will be denied.

    On a positive note there is a benefit to supporting a Drug-Free workplace and that is discounts on you’re paying of Workers Comp. The following states have discounts:
    >Alabama, Arkansas, Florida, Hawaii, Idaho, Mississippi, South Carolina, Tennessee, & Virginia all get 5% discount.
    >Georgia is 7.5% discount.
    >Kentucky requires employers to be certified by the Office of Mine Safety and Licensing eligible for discount, Ohio varies, and Wyoming gives a nice 10%. So by supporting your employer and there drug free policy it ends up benefiting you in the end by getting a little more back in your check every pay day.

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