WORKERS' COMPENSATION New bill would make workers disprove use of drugs and alcohol

Opponents of the bill believe it will be found unconstitutional.
By MICHELE C. HLADIK
VINDICATOR CORRESPONDENT
COLUMBUS -- Employees involved in workplace accidents may find themselves on the defensive if drugs or alcohol are suspected to have caused the accident.
Members of the Ohio House of Representatives narrowly passed on Tuesday the Work Place Safety Act, which would revise workers' compensation regulations to require a test when drugs and alcohol are suspected in a workplace accident.
Now, those injured at work while under the influence of drugs or alcohol do not qualify for workers' compensation if the employer can prove it. However, there are no guidelines to determine if an employee is impaired by drugs or alcohol, according to bill sponsor Bob Gibbs.
"We should be sending a message that drug and alcohol abuse in the workplace will not be tolerated and there are consequences for this irresponsible behavior," said the Holmes County Republican.
Worker would be notified
Under the bill, the Bureau of Workers' Compensation will send notice of the testing procedure and the consequences of the results.
"Employees are put on notice that if they get injured at work, they may be required to submit to a drug or alcohol test," Gibbs said.
If the employee is found to be under the influence, the burden will be placed on the employee to prove drugs or alcohol weren't the cause of the accident.
According to Gibbs, the legislation was modeled after a bill that passed the 123rd General Assembly, but was found to be unconstitutional by the Ohio Supreme Court.
He said the current bill outlines provisions for probable cause for requiring the tests and addresses constitutional concerns expressed by the Supreme Court.
But opponents of the bill believe it will also be found to be unconstitutional if passed into law.
Boccieri opposed
State Rep. John Boccieri of New Middletown, D-61st, said Gibbs and others are moving in the right direction, but still have not done enough with the bill.
"A document we have all sworn to protect, uphold and fight for is being trampled upon," he said. "You are singling out specific workers," he said, noting that it will force people to prove their innocence instead of requiring someone to prove guilt.
Boccieri said he also believes that once the court declares a law unconstitutional, the new legislation could not be brought back before the Legislature to reverse the court's decision.
Statistics collected by BWC from state and federal sources demonstrate the need for the legislation, Gibbs said. He noted that about 15 percent to 17 percent of employees are substance abusers and 47 percent of serious workplace accidents and 40 percent of fatal workplace accidents involve drugs or alcohol.
Gibbs also hopes that the possibility of lost wages will serve as a deterrent to the abuse and may get employees to seek help for a drug or alcohol problem.
Boccieri disagreed that it will serve as a deterrent, saying that it is already illegal to use illegal drugs and people are still using them.
"This will do nothing to reduce workplace claims," Boccieri said.
The bill now moves to the Ohio Senate.