Medimpex United Workman’s Compensation and Drug Testing: What Employers Need to Know About Drug Testing Reimbursement

Some Employers do not want the bother or expenses of randomly testing their employees on a consistent basis, and will opt for pre-employment screening instead. They figure if they pass one drug test, that they can be trusted. Also, it is viewed as the simplest and cheapest way to screen out drug users from being hired; pre-employment tests are also considered an effective deterrent.

Medimpex United Workman’s Compensation and Drug Testing: What Employers Need to Know About Drug Testing Reimbursement
Bensalem, PA, November 04, 2009 --(PR.com)-- An employers two biggest concerns when it comes to their employees is their safety in the workplace, and their work performance. The use of drugs can jeopardize both, and end up costing the business a lot of money, especially if an employee gets injured on the job. Workers who use drugs raise a company's insurance costs, steal equipment and scare away clients. Companies lose $82 billion in productivity each year because of substance abuse, the U.S. government estimates. They also estimated that 71 percent of illegal drug users are employed, most working for small businesses.

Most employers are unaware that Insurance discounts and government grants can make it cheaper for the employer to drug test employees. Another thing that employers are unaware of is that they can be compensated for drug screening their employees.

For example, The Ohio Bureau of Workers' Compensation will give premium discounts of up to 20 percent to employers that cooperate with its drug-free workplace programs. They will also grant companies up to $20,000 over six years to draft a policy and train employees and managers. Considering that employee accidents cost insurance companies millions of dollars, compensation is sometimes offered for businesses that conduct post-accident screening if the employee tests positive.

While performing drug testing can reward a company, not performing drug testing can be very costly. When an employee is injured on the job, they are entitled to Workman’s compensation unless it was proven that they were under the influence of drugs or alcohol. However, if the employee caused an accident and another employee was injured because of it, the employee who was injured will be entitled to compensation. For example, a recent incident in Ohio cost an employee their life and a business a large lawsuit, as a case manager was hit with a $1.6 million judgment when one of his employees caused a death at work. If the employee who caused the accident had been drug tested before the accident, the whole incident could have been prevented.

In order to prevent work related accidents, Medimpex United recommends employee drug screening, especially if the job position requires the worker to operate equipment that could cause injury or fatality. Companies in accident-prone industries need to maintain drug-free workplaces to keep their insurance rates down. Both health and workers' compensation premiums will go up and down depending on how often a company files for claims.

Some Employers do not want the bother or expenses of randomly testing their employees on a consistent basis, and will opt for pre-employment screening instead. The employer will sometimes assume that if the employee will pass one drug test, that they can be trusted. Also, it is viewed as the simplest and cheapest way to screen out drug users from being hired. The problem with that is some potential employers will quit using drugs until they are hired, and then they will continue use when employed. A hair follicle drug test will solve this problem because head hair can be detected to up to 90 days. Body hair can detect as far back as a year.

If an employee gets hurt on the job the first thing they usually will do is seek legal advice, and be instructed to do whatever it takes to get every penny out of the employer’s pocket. However, the employee may not be entitled to any benefits if it is proven that they were under the influence of drugs or alcohol when the accident occurred. This is called post accident drug screening.

In most cases, it is up to the employer themselves to push the issue and have the employee tested to make sure they were not under the influence of drugs when the injury occurred. Post-accident drug testing puts you in position (or better position) to defeat a workers’ compensation claim. Putting in the extra time and effort to defeat a workman’s compensation claim for someone under the influence of drugs will benefit the employer from a financial standpoint, and it will send a message to the other workers that use of drugs in a place of business will not be tolerated. And you may be compensated for it depending on your state laws for workers compensation.

Typically, to defeat workers’ compensation claim an employer must show two things: first, that the employee was intoxicated at the time of the injury and second that the intoxication caused or contributed to that injury. Ten states (CO, FL, GA, MO, NV, ND, OH, OK, TN, and UT) provide a presumption of both intoxication and cause. This will deny a workers’ compensation benefit to anyone testing positive; six additional states (AL, AR, KS, LA, TX, and VA) provide a presumption of intoxication leaving cause to be proved. New Mexico (10%) and Wisconsin (15% or $15,000 which ever is most) provide a specific automatic deduction if there is a positive drug or alcohol test.

The one thing the employer should remember is that every state has different laws when it comes to workman’s compensation. The best thing to do would be consult with an attorney or a local labor department that can explain what rights the employee has when it comes to drug testing them. And it also depends on the Insurance provider. Some providers will require such testing, in other cases it would be determined by the circumstances in which caused the person to be injured. In some states (CO, MO) if there is a positive test, the employer will win. In two states, (OK & UT) if the employee is positive for drug or alcohol use, they are not even eligible for workers’ compensation.

As for the testing itself, the employer needs to know what test to you and how to use it. Companies usually opt for urine tests that check for drugs. They should know that many products - from herbal teas to using fake urine - are available to help drug users beat the tests. The employer needs to make sure that the employee is not making an attempt to tamper with a test. However, they also need to be careful and not violate the employee’s privacy according to your state law for workman’s compensation.

Better technology has made drug screening more reliable, as kits such as urine adulteration sticks and hair follicle tests are designed to defeat masking agents that people will use to get around a positive drug test.

A simple random drug trust can possibly help save an employers business, especially if they are on a tight budget. If an employee is getting ready to get on a forklift, Medimpex United recommends giving a saliva test, which is the best way to detect someone who recently used drugs and may be under the influence. Keeping someone under the influence of drugs away from operating dangerous equipment should be the top of an employer to do list.

There is another trap that an employer might fall into. Sometimes the employer has a good relationship with their employees and gives them special privileges. An employee might take advantage of that trust and come to work under the influence of either drugs or alcohol.

Drug testing can be a bit of a hassle for an employer, complicated, and even a bit awkward for both the employer and the employees. But the time and the money spent will not only save your company a lot of money, it will prevent serious injury and possibly death. There are many resources you can use to make sure you are properly following your state law for drug testing in the work place.

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Medimpex United Inc
Alex Vulfov
215-245-4477
www.meditests.com
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