Page 66 - Occupational Health & Safety, September 2017

Drug Testing
sumption of Intoxication Defense and states that offer a Workers’ Compensation Premi- um Discount, provided you follow the rules.
The “discount states” may be attractive to you, depending on whether the benefit of compliance is worth the effort. Some state rules are very complicated. But if you are in a “rebuttable presumption state,” you must seriously consider complying with the rules. The financial reward will be worth the effort.
Here are the voluntary states:
Four states (MN, NM, NY, and WI) pro- vide various reductions/credits to employ- ers with drug-free workplace programs.
Examples of Violating Mandatory State Rules: Cost of Non-Compliance Connecticut (mandatory state)
In Tomick v. United Parcel Service. Inc. et al., 2010 Conn. Super LEXIS 2389,3 an em- ployee injured his back and eleven months later reinjured it while delivering a package. The initial injury occurred in January 2003 and the re-injury was in November 2004. He received medical attention following the
November 2004 injury and was released to full duty. The employee continued to suffer severe pain. He got into several confronta- tions, which included yelling and swear- ing by both men, with Kevin Trudelle, the business manager at the facility where the employee worked.4
Trudelle decided that the employee must get a fitness-for-duty examination and a drug test. The employee refused. The employee, however, did go for additional treatment, and the treating physician re- ported to the company that a drug test was not needed. The employee was released back to work but when he returned to work, he was fired.
After a six-day trial, a jury ruled in favor of the employee and awarded him $950,000. This sum included awards for violating Connecticut’s drug testing law, negligent infliction of emotional distress, disability discrimination, and punitive damages. Additionally, back pay, $233,720 in attorney’s fees and $3,729.54 in costs were also awarded to the employee.
13 STATES
provide a workers’ comp premium discount for DFWP
AL
AR
AZ
FL
GA
ID
KY
MS
OH
SC
TN
VA
WY
18 STATES
provide workers’ comp rebuttable presumption of intoxication
AL
AR
CO
FL
GA
IL
KS
LA
MO
NC
ND
NV
OH
OK
TN
TX
UT
VA
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