An effective drug-testing program that is integral to an organization’s employment practices can help ensure a safe and productive workplace. It’s essential, however, to have complete transparency and consistency in administering drug tests. The chain of custody should remain throughout each test. This applies whether the testing is performed during pre-employment, as part of a random testing program, or for post-accident drug testing (PADT) following an on-the-job injury. The rules should be clear with no ambiguity. In addition, under no circumstances should the rules be bent or allow for flexibility.
The PADT must also be performed on a timely basis, within hours of the workplace accident, to maintain the efficacy and usability of the results for Workers’ Compensation cases. In many states, you must perform a PADT within a certain period (typically two to three hours after the accident) for the test to be admissible as part of the Workers’ Compensation claim.
Unfortunately, workers will often report an accident to their employer but refuse treatment, either believing the injury is minor or, in some cases, knowing they will have to submit to a drug test which will have a positive result. A week or two or even later after the date of the incident, the injured employee will decide to seek treatment. If an employer performs a PADT at this late stage, the results cannot be used, even if the test result is positive, as it will be inadmissible. Employers consequently miss an opportunity to determine whether intoxication played a role in the accident. It could also affect the insurer’s ability to accurately assess the validity of the claim and the appropriate benefits.
Furthermore, if an injured employee refuses to take a post-accident drug test, some jurisdictions will view this as a positive result. A claim may therefore be denied or benefits reduced based on the presumed positive test.
What About Administering Swab Tests?
There are various drug testing methods, including sending an employee to urgent care or the ER for a urine sample, which is then sent to a certified lab for analysis. A saliva-based swab drug test, which is simple to administer on-site, is another option. If the swab drug test results are positive, the employer must have a certified laboratory analyze and confirm the results.
Swab-testing enables employers to save time and money, as they are not sending negative tests offsite for confirmation. In addition, in obtaining confirmation of the test results, the employer is maintaining the chain of custody that it has in place.
Confirmation of all positive results should be immediately sent to the insurance company. If an employee refuses to take the swab test, the insurance company should be informed, as this may affect claim compensability.
The Marijuana Issue
Marijuana use may complicate the post-accident test, especially in states where recreational and/or medical cannabis is legal. Because marijuana remains in the system for such a long period (detection windows for marijuana can be as long as six weeks), a traditional urine-based drug test will not accurately reflect when the drug was taken and, as a result, whether it impaired the employee and contributed to the injury. States vary in how they view marijuana use and the timing of an accident. Some states, for example, require that you must prove that intoxication (marijuana use) is the actual proximate cause of the injury. These laws are continually evolving, so keeping a close eye on them is important.
A Strong Drug-Testing Policy Helps Reduce Workplace Injuries
Employers should ensure they have a solid drug-testing policy and that it is reviewed by HR and legal. Utilizing a PADT will help employers better understand the cause of an accident and implement safety measures to reduce workplace injuries and improve an organization’s loss history. The PADT is effective risk management and cost-cutting strategy. The claim outcome might be affected if an impaired worker caused an accident and subsequent injury.
About Prescient National
Prescient National works with employers to implement PADTs to help pinpoint the root cause of an accident. We have a post-accident hotline (1-866-987-0042) that can help arrange a drug test at any time of day or night. An employer can provide the claimant’s name and date of birth, the location of the accident, and the treating hospital, including whether the injured employee was treated at one facility and then transferred to another. Our staff will contact the ER or urgent care and request that the specimens be sent to an outside lab for PADT testing.
Our goal is to help our clients reduce injuries in the workplace and foster a culture of safety.
