Ohio recently enacted a new law geared toward curbing substance abuse in the workplace. The law specifies conditions under which chemical testing of an employee may establish a rebuttable presumption the employee's injury was caused by use of alcohol or an unprescribed controlled substance. The burden of proof now shifts to the worker, who must provide evidence the injury was not caused by alcohol or drugs.
Under the law, the Ohio Bureau of Workers' Compensation (BWC) will provide all employers with a written notice (it will be attached to your certificate of coverage) which must be posted in your workplace. The notice informs your employees they may not be eligible for workers' compensation benefits if they are injured while intoxicated or under the influence of a controlled substance not prescribed by a physician. The law takes effect October 13, 2004. Remember, you must conspicuously post the written notice in a place viewable by your employees.
BWC also suggests you create a written substance abuse policy which outlines for your employees when testing may occur and the consequences for failing a test. Not only does a written policy serve as a deterrent, but it also protects your company from legal liabilities related to testing.
1. If you would like BWC's recommendations for a written substance abuse policy, contact the OABA office at king@oaba.net, PH: (614) 326-7520 or FX: (614) 326-7519.
2. If you do not have a drug and alcohol testing program in place, contact OABA for information regarding the Association's Random Testing Program.