Can You Refuse a Drug Test After a Workplace Injury in Oregon?
Drug testing is almost routine in today’s workplace. Many employers require prospective employees to pass a drug test screening. Some companies even require employees to submit to random drug screenings throughout their employment.
What about mandatory drug screenings following a workplace injury or accident in Oregon? Can you refuse to take a drug test? Will refusal jeopardize your chances of obtaining the workers’ compensation benefits you deserve?
At Jodie Anne Phillips Polich, P.C., our Portland workers’ compensation attorney focuses on helping injured workers pursue the benefits they are entitled to. Do you have questions surrounding drug testing after a workplace injury in Oregon? Let us help you understand how to move forward.
What Is a Post-Accident Drug Test?
A post-accident drug test occurs when an employer requires an employee to submit to drug testing after a workplace accident or injury. Oregon OSHA regulations do not prohibit an employer from drug testing employees in the wake of a workplace accident. However, the agency does stipulate that employers seeking a post-accident drug test must have an “objectively reasonable” basis for the testing.
When Could a Drug Test Be Required After a Workplace Injury in Oregon?
What constitutes an objectively reasonable basis for a post-accident drug test? Oregon OSHA evaluates the reasonableness of drug testing by considering the following factors:
- Does the employer have a valid reason for believing drug use may have contributed to an employee’s accident or injury on the job?
- Were other employees involved in the accident also drug tested, or was the injured person singled out for drug testing?
- Does an employer have a vested interest in determining if drug use played a role in a workplace incident due to the inherently dangerous nature of the work?
While drug testing following a workplace accident isn’t strictly prohibited, employers cannot use drug testing as a form of discipline or punishment against individuals who report workplace injuries or accidents.
Can You Refuse a Drug Test After a Workplace Injury?
Can you refuse to take a drug test after a workplace injury? The answer to the question presents a unique set of challenges. Yes, you can refuse a drug test following a workplace accident. However, failing to submit to a drug test may create obstacles to obtaining the benefits you need to cover your medical expenses and a portion of your lost income if you suffered injuries in the accident.
On the other hand, failing a mandated drug test can also complicate your claim, even though it can be challenging to prove that you were impaired at the time of the accident just because you had drugs or alcohol in your system.
How Our Lawyer Can Help You Handle Workers’ Compensation Drug Test Issues
Are you concerned about the implications of taking a drug test following a workplace accident in Oregon? Before you move forward, speak with an experienced workers’ compensation attorney. At Jodie Anne Phillips Polich, P.C., our legal team wants to protect your rights and help you secure the workers’ compensation benefits you deserve.
Contact Jodie Anne Phillips Polich, P.C., today for a free and confidential legal consultation.
Jodie Anne Phillips Polich has been serving the needs of injured workers since 1993 and has developed a statewide reputation for the quality of her work.