People get unintentionally hurt at work all the time. These accidents are the reason that workers’ compensation exists. But what happens if an employer asks you to supply a urine sample for drug testing just following an accident? Can they legally do that?

Drug Screening in the Workplace

The answer is yes, an employer is allowed to request a drug test. You can refuse to take the test, but it results in the same legal effect as if you had failed it. On the whole, federal law does not require or prohibit drug tests and allows state law to regulate them. Georgia has a drug-free workplace program that regulates drug testing. Employers who have this program qualify for a discount on their workers’ compensation benefit premiums but are also required to follow state law.

In Georgia, a drug-free workplace program requires employers to test employees:

• Post accident that results in lost work time.
• Routine pre-employment medical exam.
• When an employee returns from an employer-enforced rehabilitation program.

OSHA Provision

On May 12, 2016, OSHA added a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. The rule prohibits mandatory post-accident drug testing because OSHA believes it discriminates against employees unless: a) drug use is a likely factor in the accident or b)the test can accurately identify the impairment caused by use of the drug.

Permissible Testing

Some examples of permissible drug testing in the workplace include:

• Random drug testing.
• Drug testing that has nothing to do with the reporting of work-related injuries or illnesses.
• Drug testing under a state workers’ compensation law.
• Drug testing under other federal law
• Drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees.

Georgia Law on Drug Testing

Georgia might deny benefits to an injured worker who had an accident because he or she was under the influence of a substance. State law allows employers to deny benefits when they can prove that the employee was intoxicated at the time of the accident.

What if I failed the drug test?

Just because you fail a drug test after a workplace accident doesn’t mean that you are necessarily going to be denied benefits. However, it will make the process of settling your claim more difficult. The burden will fall on you as the claimant to prove that the accident was not caused by the use of an illegal substance.

If you have been injured in a workplace accident and are having issues due to a drug test, you must call a workers’ comp lawyer to make sure that you are aware of all your legal rights. Your lawyer will act as an advocate to challenge any issue that may arise.