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Drug-free Safety Program
Employers may be granted a premium rebate for implementing a strategy addressing workplace use and misuse of alcohol and other drugs. Employers must complete an application and Safety Management Self-Assessment in order to participate. Basic and Advanced level programs are available. Pre-employment, reasonable suspicion, post-accident, return-to-duty, and follow-up testing are required at both levels. Random testing is also required at the Advanced level. Additional requirements apply to public employers.
Workers’ compensation
According to the revised statute, it will be presumed that an employee’s work-related injury is caused by intoxication or drug use if within 8 hours of injury the breath level or blood alcohol is equal to or in excess of established levels, or if within 32 hours the employee tests positive for certain drugs. The law sets standards for a qualifying test and reasonable cause for suspicion. The employer must post a notice to employees informing them that a positive test or refusal to test may affect their ability to receive workers’ compensation benefits. If the work-related injury is caused by drug use or intoxication, benefits may be denied. The employee can rebut the presumption by providing proof they were not under the influence or that they were taking prescription medication under their doctor’s care.
Contacts
Ohio Bureau of Workers’ Compensation
Regulations
Drug free workplace discount programs
Ohio Administrative Code Chapter 4123, §4123-17-58
Workers’ compensation
Ohio Revised Code Title XLI (41) Chapter 4123, §4123.54
For newly revised version (10/04) see http://archives.legislature.state.oh.us/bills.cfm?ID=125_HB_223
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document