Implications of a positive drug screen

Okay, so your worker got his hand caught in the machine, you've sent him for medical treatment, investigated the accident and spoken with the co-employees to confirm that the machine didn't malfunction. When you've considered all of the factors, the occurrence seems explainable only by the injured Worker's own inattention or worse. By this time, you may already have evidence that the employee seemed intoxicated/stoned or just "out of it." Again, your quick action in sending your injured worker for medical treatment may be the best action you could have taken to develop the contemporaneous medical proof that the injured worker's faculties were impaired at the time that the accident happened. Depending on your state statutory scheme, willful misconduct by intoxication may be a complete bar to recovery of income or medical treatment (as is the case in Georgia) or may limit the compensation for non-medical benefits (Colorado) so presenting evidence of impairment may not only save your workers' compensation experience rating and dollars but also help to defend you when OSHA comes calling. Limiting our discussion to Georgia, immediate medical treatment is shown to be absolutely essential as drug and alcohol testing must be conducted within the statutory timeframe. For alcohol, the blood sample must be obtained within three hours of the injury. For drugs (illicit drugs or prescription drugs not taken in compliance with a prescription to that specific injured employee) a blood or urine test must be obtained within 8 hours of the injury. With these time frames it's clear that allowing the employee to refuse medical attention and go home (even with a pink slip In hand) may work to your disadvantage. You should take care, then, to make sure at the employee actually attends the initial appointment at the ER or at the nearest occupational medicine center by having a supervisor or other management representative take the employee to the doctor. This would avoid the later discovered problem of the employee who supposedly grew tired of waiting in the ER or who detoured home first to have a drink or"light up" due to the pain from the injury. Most medical providers will obtain drug screens at your request and most have sufficient chain of custody procedures in place to assure that the sample obtain is the sample tested and reported back to you. If your medical provider does not do drug testing or does not have chain of custody procedures, get a new provider. It might help to guarantee that provider that the initial testing and treatment will be covered and that they should check with you after a positive alcohol or drug test. This gets you the information that you need and helps to build a positive working relationship with your medical providers.
"Skedsvold & White
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