Safety and OSHA News

Injured worker waited over an hour for drug test, none provided: Can he get comp?

The employer in this case said an injured worker refused a drug and alcohol test after an injury. The worker, who had yet to receive treatment for back pain, waited 90 minutes for people qualified to give the test before he left for the hospital. Can he get workers’ comp?  [Read more…]

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Court upholds firing of employee who tested positive for cocaine

In a random drug test, an employee in a safety-sensitive position tested positive for cocaine. When he was fired, he filed a lawsuit against his employer arguing his job wasn’t safety-sensitive. How did a court rule?  [Read more…]

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Workers’ comp: Is an inadequate urine sample a refusal to take drug test?

This company argued its injured worker shouldn’t receive workers’ comp benefits because of an inadequate urine sample during a drug test. How did a court rule?  [Read more…]

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Positive drug test wasn’t cause of injury: What happens to workers’ comp?

After suffering a workplace injury, an employee tested positive for marijuana. The company admits drug use wasn’t the cause of the injury. Can the company deny workers’ comp to the employee?  [Read more…]

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Positive worker drug tests rise for third year in a row

An annual report shows drug use in the U.S. workforce has risen to the highest level in nearly a decade.  [Read more…]

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Did she refuse post-accident drug test? City says yes, worker says no

A claims examiner was suspended for 10 days after refusing to complete a post-accident drug test. A trial court overturned her suspension, and her employer appealed. What did the appeals court say? [Read more…]

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No one saw fatal incident: Was worker’s pot use to blame for his death?

An employee working alone on the night shift was found seriously wounded and died. A post-injury drug test showed marijuana present in his system. Will the drug test negate workers’ comp death benefits for his family?

[Read more…]

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Worker didn’t submit to drug test but gets workers’ comp anyway

In this state, if a worker refuses a drug test after a workplace injury, he’s presumed to be intoxicated and workers’ comp benefits can be denied. But in this case, the worker didn’t take the drug test and he got benefits anyway. Why did a court allow the worker to receive benefits?  [Read more…]

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Why does he get workers’ comp after failing drug test?

An employer refused to pay for an employee’s medical treatment after a post-accident drug screen detected two substances in his system. So why did a court recently rule that the employee should get workers’ comp benefits?  [Read more…]

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He wanted workers comp but refused drug test: Can they fire him?

An employee was told since he wanted to file for workers’ comp, he had to take a drug test. He refused, and the company fired him. Was the firing retaliation for filing for workers’ comp?  [Read more…]

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