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getting fired from drug testing post injury?

Discussion in 'Legal Edge' started by del taco lover, Nov 3, 2010.

  1.  
    del taco lover

    del taco lover Active Member

    i have a pretty good job(i work in IT) and i believe the chances of getting randomly tested for some reason are pretty low. one of the things i wanted to know is if i get injured on the job and am tested, what are the chances of getting fired because of it? its one thing to get injured(which in itself blows) but to get canned on top of it is a whole other story. this is pretty much the only thing keeping me from smoking cannabis. what do you guys think?
  2.  
    Ronjohn7779

    Ronjohn7779 Well-Known Member

    Chance of getting fired can be pretty high to very low depending on your corporate culture. Most places just right you up on your first time. Generally, if you get hurt on the job and show positive that relieves your employer of most liabilities to you. Thats why they drug test as soon as you get hurt.
  3.  
    del taco lover

    del taco lover Active Member

    here is what i found on another forum:

    "n California as you have cited drug testing is only admissable and permitted following an accident IF "a doctor or employer has a reasonable suspicion that the employee's work injury was caused by the employee's use of alcohol or a controlled substance." What that means is that your employer must be able to demonstrate that not only were you impaired at the time but that impairment caused the accident. Reasonable suspicion is not simply the fact that an accident occurred. The employer must have other reasoning such as observation of behaviour such as slurred speech, trouble walking, loss of coordination, dilated pupils etc.. Just one of these items would not necessarily constitute reasonable suspicion it generally would require a combination observed by a trained supervisor. As you can tell on that basis alone it would be very difficult for a drug test to be admitted into evidence in regards to your WC claim. There are some exceptions which fall under DOT and specific safety positions however it does not sound as if these apply in your case.

    You have also cited government code regarding state contractor's to implement a drug free workplace policy and establish an employee drug awareness education program. Since you provided this I would assume th company you were working for may well have such contracts. This code is simply what it states it requires that they implement policy and provide education in regards to a drug free workplace. It does not require or permit drug testing. Without too much detail I have previously held a position that oversaw purchasing and contracting for a state agency so I am somewhat familiar with this code. In reality there is no way for the state to even enforce the code. The employer is basically signing an agreement that they do not tolerate workplace drug useage and agree to provide education to their employees as to keeping the workplace drug free.

    To further muddy the waters drug addiction and alcoholism are recognized as diseases and therefore in some if not most instances may have some protection as a disability. I am not inferring that you are a drug addict. I am simply saying that I have seen more than one case where an employee, after testing positive, has claimed to have a problem and sought appropriate treatment. From what I have seen they have been quite successful at retaining their jobs at least the first time."


    so i think im ok
  4.  
    jollygreengoddess

    jollygreengoddess Member

    It depends on your employer. They have the option to fire you if you test positive. This has been tried in the courts.
  5.  
    irieie

    irieie Well-Known Member

    i worked at a company that drug tested and when a permanent employee tested positive they had to go to classes. the temps though were fired. it really depends on your employer. when i was working there i always passed my test with quick fix. that shit works every time. i always had one in my glove compartment just in case. get quick fix and you wont have to worry even if they do test you.

    on another note, if you are injured on the job and they test you for drugs and find something, your claims for workers comp might be denied, depending on hour local laws.
  6.  
    redivider

    redivider Moderator

    it doesn't depend on the law if there's a corporate drug policy expressed in the job posting, job requirements, in the contract they gave you, and if drug testing and procedures is clearly outlined in the employment contract. PHEW.

    if when you started working nothing was said about drugs, then the company has to follow the law.

    most companies now cover their asses, and they slip the automatic termination clause into contracts.

    some states have laws that REQUIRE companies to offer employees drug classes, rehab, etc. in the case of a positive test. that's why they won't do tests too often...

    what i've seen is that companies tend to do a preliminary drug screen at the beginning of working, and won't do a test ever again. but that's not a guarantee...

    if your company does random drug tests its a lot easier to juts stop smoking, than to try and get around it.....
  7.  
    doc111

    doc111 Well-Known Member

    It's really not that hard to beat a piss test. I worked in jobs that required random testing for the last 20 years. I should've failed nearly all of them but passed every single one! As long as you understand the local laws regarding drug testing in the work place, as well as your company's policies regarding drug testing, random testing, post accident testing, etc. and take necessary precautions then you should be good to go. I have used synthetic urine at least a half a dozen times and passed every single time! It may be easier to stop smoking altogether but in my particular case it was worth it to take the risk, but also take the appropriate precautions to protect myself. I never got high and went to work. For the most part I was an occasional smoker who used cannabis as a means to relieve stress and anxiety. My job was immensely stressful and I'm not a big alcohol drinker, so the alternative was prescription anti-anxiety agents, which are highly addictive and had some serious side effects for me. I had a distinguished career and nobody I worked with ever even suspected that I smoked cannabis. Even when I was injured on the job, my department never even tested me! I totally expected one but I never had to take one. I probably would've been screwed though since I was taken immediately to the hospital and had no way to use my fake piss. :shock:
  8.  
    Wordz

    Wordz Well-Known Member

    if you get injured they will use the test results to make sure they don't have to pay disability
  9.  
    doc111

    doc111 Well-Known Member

    They can try but usually it's difficult to not pay unless they can show that drugs directly led to the injury. Worker's comp can be really evil. They don't want to have to pay legitimate claims, and will look for any way to get out of paying.:fire:

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