The Ohio House of Representatives has passed a measure that would require employees injured at work to undergo drug testing before qualifying for workers'-compensation benefits. Under the measure, workers who refuse to take the test or fail it would have to prove that alcohol or other drugs were not the cause of their injury.
In 2002, the Ohio Supreme Court overturned a similar 2001 law, saying it violates protections against "unreasonable searches." The decision returned the burden of proof to employers when trying to deny workers'-compensation benefits.
Rep. Bob Gibbs (R-Lakeville), sponsor of the bill, said the new measure addresses the court's concerns by including "probable cause" language. If the bill passes, it may receive the backing of the court because a member of the majority has retired and the court has a new balance of power.
The Ohio House of Representatives has passed a measure that would require employees injured at work to undergo drug testing before qualifying for workers'-compensation benefits, the Toledo Blade reported May 12. Under the measure, workers who refuse to take the test or fail it would have to prove that alcohol or other drugs were not the cause of their injury.
In 2002, the Ohio Supreme Court overturned a similar 2001 law, saying it violates protections against "unreasonable searches." The decision returned the burden of proof to employers when trying to deny workers'-compensation benefits.
Rep. Bob Gibbs (R-Lakeville), sponsor of the bill, said the new measure addresses the court's concerns by including "probable cause" language.
If the bill passes, it may receive the backing of the court because a member of the majority has retired and the court has a new balance of power.
Half of all U.S. employers and more than 500 school districts routinely perform drug tests, typically with serious consequences for those who fail. But tests can be fooled by look-alike chemical found in food and over-the-counter medications. And the fastest-growing type of drug tests -- cheap, onsite testing tools that costs as little as $3 each -- are the least accurate.
Such tests are accurate only one-third of the time, some studies say. Laboratory tests are more reliable -- but also far more expensive. Other methods of screening, like hair-testing and "sweat patches," are vulnerable to contamination by stray molecules in the atmosphere, according to researchers.
Manufacturers of the hair tests and sweat patches insist that their products are accurate in most cases. "You could be in a crack den and you won't test positive," said Raymond Kubacki of Psychemedics Corp., a hair-testing firm. However, a highly respected Boston police officer, Ronnie Jones, says that's exactly what happened to him when he tested positive for cocaine in a drug screening last year. A follow-up test was negative.
All private sector employers, even those with only one employee, are required to purchase workers' compensation insurance or to qualify as self-insurers. Policies must cover all employees from day one, except for seasonal and casual workers and part-time domestic workers, for whom cover elective. A workplace notice must be posted with the insurer's name. Failure to insure is a criminal and civil offense. Penalties may include a stop work order, a fine of $100 per day, and imprisonment for up to one year. Workers' compensation is elective for cities and towns.
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