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Can an employer drug test after an accident?

By Isabella Little |

Post-accident drug and alcohol testing should only be done when the employee’s actions or lack of actions have contributed to the cause of the incident. If your manager or supervisor believes that post-incident drug testing is required, contact us immediately.

Do you get drug tested for workplace injury?

The rule makes automatic drug testing illegal because it has been shown to discourage employees from properly reporting injuries. However, you may still use your discretion and drug test an employee after an incident.

How long does it take to get drug test results after an accident?

Negative results are usually received within 24 hours; however, a non-negative screen will require further testing that may take a few days up to one week. If the initial screen is negative, a medical review officer (MRO) will typically contact the employer with the results.

What happens when you damage a company car?

If you are involved in an accident in a company car and your employer purchased commercial auto insurance, the commercial auto insurance provider will usually pay any valid claims related to the accident, as long as the employee was using the vehicle properly at the time of the accident.

What tests are done after a car accident?

While you should follow your doctor’s advice, there are three main tests you should know about following an accident: X-rays, MRI scans, and CT-scans. Each has its own benefits in diagnosing your injuries, but not all may be required. Understanding which one to request for your situation can help.

What happens if I get hurt at work and fail a drug test?

Your employer may fire you after you fail a drug test. That is their right if they want to have a drug-free workplace. However, even if you are fired for failing a drug test, your employer and the insurance company will still have to pay your workers’ compensation benefits if you were legitimately injured on the job.

How accurate are urine drug tests?

No. No drug test of this type is 100% accurate. There are several factors that can make the test results negative even though the person is abusing drugs. First, you may have tested for the wrong drugs.

Will menstrual blood affect urine drug test?

Menstrual blood can contaminate a urine sample.

When does an employer have to drug test after an accident?

For example, if an injury was caused by an employee’s conduct, the employer would be within their rights to require a post-accident drug test, since drug use could affect employee conduct. Employers are also protected if they are drug testing an employee during the course of a worker’s compensation proceeding.

Can a company fire you for failing a drug test?

Many employers have the right to fire you immediately after you fail a drug test. Depending on the state you live in, your employer may have to follow regulations that cover when you can be fired for failing a drug test. Federal laws about drug testing apply solely to federal employees, but state drug-testing laws vary from state to state.

Is it illegal for an employer to drug test an employee?

Fortunately, OSHA has spoken very clearly on the issue. OSHA does say that employers may not make a blanket policy of drug testing every employee that’s injured on the job. This can be seen as an employer attempting to keep employees from reporting injuries at all, which, legally speaking, would be considered intimidation.

Where can I get a drug test for my job?

To learn more about employer drug testing, getting a drug-free workplace policy, or other drug testing services, contact US Drug Test Centers at 866-566-0261 to find a drug testing location near you.