Can an Employer Do a Drug Test in a Workers’ Compensation Claim?
Many times when a worker is injured while on the job, the employer will require a drug test. For the employee, this often doesn’t make sense when they were doing their regular work. However, Florida state law allows this practice to protect the employer and his business.
Safety Issue
A drug test may be required when the person seeks employment or as a routine fitness for duty test. It may also be required if a person has a history of drug problems or if there is reasonable suspicion. Drug or alcohol use may inhibit a person’s ability to perform his or her job correctly. This results in a higher risk of injury for the worker and his or her co-workers. Most companies today maintain …show more content…
The employee would not receive workers’ compensation benefits even though the employee was injured on the job. To do this, the employer must follow the Florida drug testing statute for conducting such tests. In addition, the business or workplace must have been established as a drug-free zone.
When a drug test is performed, it must be performed in confidentiality. The employer must provide a copy of the company policy on drug use, information about the drugs the test is designed to detect, and a copy of the outcome if the drug test is positive. The employer must also provide information about how to contest the results of a drug test if the test is positive for drugs or alcohol.
What About Prescription Medication?
A concern for some employees is how prescription medications will impact a drug test in a workers’ compensation claim. Many prescription painkillers contain opioids, which are the same ingredient found in heroin and other illegal substances. Depending on the type of medication the employee may be taking, the drug test could return a false
Many times when a worker is injured while on the job, the employer will require a drug test. For the employee, this often doesn’t make sense when they were doing their regular work. However, Florida state law allows this practice to protect the employer and his business.
Safety Issue
A drug test may be required when the person seeks employment or as a routine fitness for duty test. It may also be required if a person has a history of drug problems or if there is reasonable suspicion. Drug or alcohol use may inhibit a person’s ability to perform his or her job correctly. This results in a higher risk of injury for the worker and his or her co-workers. Most companies today maintain …show more content…
The employee would not receive workers’ compensation benefits even though the employee was injured on the job. To do this, the employer must follow the Florida drug testing statute for conducting such tests. In addition, the business or workplace must have been established as a drug-free zone.
When a drug test is performed, it must be performed in confidentiality. The employer must provide a copy of the company policy on drug use, information about the drugs the test is designed to detect, and a copy of the outcome if the drug test is positive. The employer must also provide information about how to contest the results of a drug test if the test is positive for drugs or alcohol.
What About Prescription Medication?
A concern for some employees is how prescription medications will impact a drug test in a workers’ compensation claim. Many prescription painkillers contain opioids, which are the same ingredient found in heroin and other illegal substances. Depending on the type of medication the employee may be taking, the drug test could return a false