Injuries in the workplace are not uncommon. Often times, they are simply the result of bad luck or being in the wrong place at the wrong time. If this is the case, then why would your employer ask you for a urine sample to run a drug test after an accident? Is it even legal for them to do this? What are the repercussions if the drug test comes back positive?  

Post-Accident Drug Testing 

In short, your employer is legally allowed to drug test you after an accident. They could have multiple reasons as to why they would want to do this. You might wonder if they could be suspicious that the accident was caused by drug use or if it is just the standard protocol they follow after an on-site accident. You have the right to refuse the test, however if you choose to exercise this right, it has the same legal implications as if you failed it. 

Federal law does not regulate drug tests and gives the power of choosing to administer drug tests to states. In Georgia, the drug-free workplace program regulates drug testing and allows employers to receive a discount on their workers’ compensation insurance policy premiums. In order for a Georgia employer to be a part of this program and receive the benefits of the reduced premiums, there are several guidelines they must adhere to. One of the main rules these employers must follow is when to administer drug screening to their employees.

These are the instances in which an employer in the Georgia drug-free workplace program must require a drug test from their employee(s):

• 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

The Occupational Safety and Health Administration (OSHA) added a provision in 2016 that protects employees who report a workplace injury/illness from employers who use drug screening as a retaliatory measure. This rule prohibits mandatory drug testing after a workplace injury unless the employer has reasonable cause to believe drug impairment contributed to the accident or if the test administered can accurately determine the impairment caused by the drug.

This provision protects employees who have suffered from a workplace injury, however, it does not completely eliminate the use of drug tests after an on-site accident. These are a few instances in which your employer can legally drug test you: 

• 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.

Failing a Drug Test

If you fail a drug test after a workplace accident, Georgia law states that you can be denied any workers’ compensation benefits for that accident. Although this is the law, it does not necessarily mean that it is impossible for you to receive benefits. It will, however, make the settlement of your claim more difficult and timely. You will be required to prove that the accident was not caused by or correlated to your use of the substance. 

If you have suffered from a workplace injury and are concerned about the legal ramifications of completing a drug screening for your employer, contact Poirier Law Firm. Our job is to ensure you understand all of your legal rights and serve as your advocate each step of the way.