Employers conduct drug testing to enhance workplace safety. However, when an employer has taken an adverse action because an employee reported a work-related injury or illness, this may amount to a claim. Most employers retaliate against employees who complain about such incidences to discourage workers from reporting issues related to injuries or illness at work.
Most employers choose to conduct drug testing for various reasons at a variety of times. For instance, some conduct drug tests during employment or random testing for employees. Others may consult post-accident drug test after a workplace accident.
If you have reported any violation of OSHA rules and regulations and your employer has retaliated against you, an experienced employment lawyer can evaluate your case and determine whether you may have a chance.
Understanding Post- Accident Drug Testing
According to OSHA, post-accident drug testing is only allowed to improve track of workplace elates injuries or illnesses.
If you have been involved in an accident while at work, your employer is more likely to conduct a post-accident drug test. This is to determine why such an accident happened and whether you were under the influence of drugs or alcohol at the time of the accident. While doing this, your employer has to adhere to OSHA guidelines.
Your employer should maintain a safe workplace environment. Thus, they should not retaliate against any employee who raises a complaint about a workplace full of health and safety hazards. If you were retaliated after raising a complaint, you might look for a wrongful termination lawyer in Orange County to help you determine whether you have a valid claim. There are many reasons why employers conduct post- accident drug tests. Some include:
- When the employer believes a certain drug or alcohol contributed to the accident.
- To determine if the drug may lead to unsafe work practice and avoid future legal liability.
- Qualify for workers compensation discounts. If it’s determined you were not under the influence, your employer may qualify for workers compensation insurance discounts because of implementing a drug-free workplace that involves post-accident drug testing.
According to OSHA, every employer should inform employees about their right to report any illness or injury at the workplace. Such rules must be reasonable, not designed to make employees fear workplace retaliation. Also, the state puts a limit on when and how post-drug testing should be conducted. An employer should only conduct such testing if they believe it to cause an illness or injury or may pose a threat to the workplace.
What If You Were Involved In An Accident?
If you work with a company car or was involved in a car accident within the scope of your employment, you may be subjected to post-accident drug testing. Your employer may do this to improve workplace safety, reduce legal liability or reduce other costs associated with accidents at work.
If you were not found negligence of an accident, your employer might not request you to take a drug or an alcohol test. But, there are situations where such test may be required:
- If there are injuries reported during the accident and you were ticketed.
- If there was death.
- If there was vehicle damage and the car in question had to be towed.
The above may force your employer to conduct a post-accident drug and alcohol test.
The test should be conducted within 12 hours. But in some cases, alcohol test needs to be conducted within 2 hours as they are time-sensitive. If you are not tested within the required time frame, your employer should not conduct such tests. As such, the employee should keep records of why the test was not performed. But if an employer refuses such testing, then disciplinary action should be taken.
Any post-incident drug testing is considered illegal if an employer penalizes an employee for reporting an illness or an injury at work rather than taking such an opportunity to improve workplace safety and health.
Unfortunately, most employers use post-incident drug testing to discourage employees from taking any legal action. If the court perceives such testing to be embarrassing or punitive, this may amount to a claim.
Again, it is illegal for an employer to retaliate against employees who file a complaint about workplace testing. If possible, you may decide to talk over the matter with your employer and raise your concerns.
Get Legal Help
If your employer conducted a post-accident drug testing to determine the root cause of the accident, this would not amount to retaliation. If you believe your employer has retaliated against you in any way, you can file a whistleblower complaint.
California law strongly protects employees’ rights when post-accident drug testing is conducted without an employee contributing to or causing an accident. Most employment drug testing claims has resulted in favorable outcomes.
Thus, it’s vital to look for an experienced lawyer to guide you to understand whether your employer complied with the OSHA rules when conducting your post-accident drug testing.
