Had a company accident? What to do now?
First thing to do after a company accident is calm your nerves. Second is call Work Well, PLLC and we will gladly help you through this stressful time quickly. Third Work Well, PLLC will help you set up post accident drug testing with an alcohol test. If DOT post accident drug testing is needed, don't worry we have you covered there also.
Why would you and other employers want to conduct a post accident drug test and alcohol test? Since personal injury or company property damage may result form the accident, post accident drug testing immediately following an accident can help determine whether drugs and/or alcohol were a factor. Employers should establish objective criteria for performing post accident testing. It is recommended that post accident drug testing be done appropriately with urine or oral fluid testing within 12 hours of the incident, since substances remain in a person’s system for different amounts of time.1, 2. However, DOT post accident drug testing is mandatory in most circumstances no later than 32 hours from the accident.
If personal injury is a factor, post accident drug testing is also performed to allow you the employer and insurance carriers the ability to dispute the compensability of the injured worker’s claim. When trying to defeat a workers compensation claim an employer must show two things: first, that the employee was intoxicated at the time of the injury and second that the intoxication caused or contributed to that injury. It is a good idea for employers not to allow employees involved in any accident to return to work prior to or immediately following the post accident drug testing until cleared of substance abuse.
For defeating a workers compensation claim is not automatic, and may require a court appearance with a judge and/or jury. Employers must do everything possible to insure a safe and drug free workplace because the greatest financial benefit from drug testing can come from the outcome of a post accident drug or alcohol test.
According to a National Institute on Drug Abuse (NIDA) study, substance abusers are up to four times more likely to be involved in on-the-job accidents, then five times more likely to file workers compensation claims. In addition, some states permit insurance companies to deny or reduce workers compensation benefits if the employee involved in an accident was impaired or intoxicated at the time of the accident.
Simply put, organizations that implement a drug testing program that includes post accident drug testing can gain a substantial edge over their competition by boosting workplace safety, saving on insurance costs and improving overall Worker’s Compensation experience, while reducing legal liability and the myriad costs and consequences associated with workplace accidents.
Work Well, PLLC can assist you in establishing an effective post accident drug screening protocol or revising your existing program to help you avoid any negative situations that can impact your business, regardless of size or industry. DOT post accident drug testing is also available.
Call Work Well, PLLC today, so we can help get your company protected. 713-670-7161
1 U.S. Department of Labor. Workplace Drug Testing. Available at: www.dol.gov
2 U.S. Department of Health and Human Services’ Division of Workplace Programs. Reasons for Drug Testing. February 2005. Available at: http://workplace.samhsa.gov/DTesting.html