Alcohol / WComp Injury

CAHR

Our current policy is that anyone injured while on the job is given a drug test at the clinic. I am also looking at having a breathalyzer done as well (for alcohol). Couple of questions... wondering if this is something you all do? Then also wondering... IF the person tests positive, does that affect anything on the workers comp claim? And also, if our policy states immediate termination on a postive drug/alcohol test, could we terminate the employee even though they were out on workers comp? (I'm pretty sure I know that answer)... :-) And by the way... we are in California.

Irie

We have employees do post-accident drug and alcohol testing. Recently we had two employees who tested very high for alcohol after an injury and the bureau denied both claims. We did not terminate these employees but advised them that we have an EAP if they feel they need help. They were also advised that we do for-cause testing and if they test positive again during working hours their employment will be terminated.

LarryC

Here in the Land of 10,000 Treatment Centers and the 2nd Drunkest Metro area in the Nation, we post accident test for drugs and alcohol. If it's a positive test and it's the second positive for this employee, we will terminate. Whether the w/c people will pick up the claim depends on whether they can directly link the drug/alcohol use to the accident.

To your specific question, if your policy says terminate, you can terminate, but you still may have to pick up the w/c claim. Been there, done that.