Workplace accidents happen—of course, that’s why the workers’ compensation industry exists. When workplace accidents occur, there are typically many questions that need answering. One of which involves post-accident drug testing. Are drug tests mandatory following an on-the-job accident? Are employers legally allowed to request a drug test? Do employees have the right to deny such demands? What happens if a drug test is positive?

The short answer: your employer is legally allowed to drug test you after an accident.

Employers could have several reasons for requesting a drug test. Employers may have suspicions the accident was caused by drug use. It could also just be standard protocol they are required to follow after an on-site injury. Either way, employees have the right to refuse the test. If they choose to exercise this right, however, it has the same legal implications as a failed result.

The good news: if your employer requests a drug test and you fail, this does not necessarily mean that it is impossible for you to receive workers’ compensation benefits. You will most likely be required to prove the accident was not caused by or correlated to your use of a substance. An experienced attorney will be able to guide you through this process.

Georgia Rules

Federal law does not require or prohibit drug tests and allows states to enact and regulate these laws. The state of Georgia operates a drug-free workplace program that regulates drug testing and allows employers to receive a discount on their workers’ compensation insurance policy premiums. In order for an employer to be a part of this state program and receive the benefits of the reduced premiums, there are several guidelines they must adhere to. One of the main rules subjugates employers to administering drug tests under the following scenarios:

• 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 still 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 workers’ compensation. 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 time consuming. 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. With over 20 years of experience as a workers’ compensation attorney, I have seen it all. I know what steps to take to get you the care and compensation you deserve.