How long does an employer have to drug test me if I get hurt on the job?
Generally, an employer has up to 12 hours after a work-related accident to drug test the involved employee/employees. Depending on the type of testing, it would be no later than 32 hours after the initial incident report.
The need for drug testing after incidents in the work place comes from rules and regulations around workers compensation. Workers compensation is a form of insurance payment to employees if they are injured at work or become sick due to work conditions. An employer is not liable to pay for workers compensation if alcohol or drug related injury, so be expected to drug tested after filing an incident report with your HR.
OSHA RULES
Osha stands for the Occupational Safety and Health Administration, and sets the guidelines for a safe work place for staff and employees. In May of 2016, OSHA published rule 29CFR parts 1904 and 1902. This rule prohibits employers from requiring mandatory drug testing after any work related accident. OSHA found that mandatory drug testing following a work place incident deters employees from reporting work related injuries. However, employers may use their discretion after a work place incident. You can be tested if an employer believes that “employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.”
What if an employee refuses to get drug tested?
If you are unable to adhere to the drug testing within the given time frame, you must have documents stating why you are unable to follow the protocol. Otherwise, your employer has the right to fire you for not following strict policy and you could lose workers compensation rights. Different types of drugs may stay in your system longer than others, so it’s never a good idea to skip out on your work-related incident drug testing.
Type of test includes but is not limited to:
-urine sample
Be sure to use ReliaLab for any of your workplace accident testing needs. Call 615-332-8838 to order a test today.
