POST-ACCIDENT DRUG TESTING Karen C. Jackson, ORM Joseph Valentino, Sedgwick Roxane Williams, OSP

Almost everyone has heard of Buzzed Driving. The Facts Almost everyone has heard of Buzzed Driving.

But, have you heard of Buzzed Working? The Facts But, have you heard of Buzzed Working?

The Facts 75% of illegal drug users are employed. Drug and alcohol users are 3.5 times more likely to have workplace accidents. 5-20% of all occupational injuries/mortality involve drugs and or alcohol.

The Facts 15% of all bills processed for payment in workers’ compensation is for pharmaceuticals. The Workers Compensation Research Institute found that opioids are often prescribed in work-related accidents. From 2010 to 2012, 65 to 85% of injured workers with pain medication were prescribed opioids, with workers in Arkansas and Louisiana the most likely to receive these prescriptions.

The Facts Drug users – Are 5 times more likely to file workers’ compensation claims than non-drug users. Are involved in 200% to 300% more industrial accidents. Sustain 400% more compensable injuries. Use 1,500% more sick leave.

Buzzed working is working intoxicated. Fact: Buzzed working is working intoxicated.

What is intoxication? A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs. -Alcoholic beverages. -Prescription medication. -Over the Counter medication. -Illegal narcotics. The burden of proof is on the employer.

R. S. 23:1081.1 No compensation shall be allowed for an injury caused by the injured employee's intoxication at the time of the injury.

R. S. 23:1081.8 The employer must prove the employee's use of the controlled substance.   In meeting this burden, the employer must have a written and promulgated substance abuse rule or policy.

INSURANCE INFORMATION NOTICE 2015-6 Workers’ Compensation Post-Accident Drug Testing Policy

INSURANCE INFORMATION NOTICE 2015-6 The Office of Risk Management (ORM) has developed a Workers’ Compensation Post-Accident Drug Testing Policy to facilitate post-accident drug testing. The Office of Risk Management has the authority to require post-accident drug testing.

INSURANCE INFORMATION NOTICE 2015-6 A Post-Accident Drug Testing policy should include at a minimum, the following agency requirements: A written agency specific Post-Accident Drug Testing policy. An employee must submit to drug and/or alcohol testing per R.S. 23:1081. Make all employees aware of the agency specific Post-Accident Drug Testing policy.

INSURANCE INFORMATION NOTICE 2015-6 Agencies should – Coordinate Post-Accident Drug Testing efforts with the State’s Third Party Administrator. Evaluate the Post-Accident Drug Testing process and improve the program periodically. Maintain documentation of the agency’s Post- Accident Drug Testing efforts.

INSURANCE INFORMATION NOTICE 2015-6 The development and implementation of a Post-Accident Drug Testing policy is mandatory.

INSURANCE INFORMATION NOTICE 2015-6 Agencies should develop an agency specific Post-Accident Drug Testing Policy.

WORKERS’ COMPENSATION POST-ACCIDENT DRUG TESTING POLICY DOA POLICY No. 27 WORKERS’ COMPENSATION POST-ACCIDENT DRUG TESTING POLICY

AUTHORITY Executive Order No. BJ 08-09 Executive agencies are required to promulgate written policies mandating drug testing of employees, appointees, prospective employees and prospective appointees.

AUTHORITY La. R.S. 39:1535(B)(12) The Risk Management statute gives the Office of Risk Management (ORM) the authority to promulgate rules and regulations to establish procedures governing risks and injuries for participating or covered entities of the State.

AUTHORITY La. R.S. 23:1081 The Louisiana Workers’ Compensation Act allows an employer to test an employee for drugs and alcohol when the employee receives a personal injury from an accident arising out of and in the course of his employment.

APPLICABILITY All persons with an employment relationship with an executive agency that is provided workers’ compensation coverage through ORM. Classified, Unclassified, Student employees, Interns, Full-time, Part-time, Temporary.

DRUG TESTING All employees who are entitled to assert a claim under the workers’ compensation laws of Louisiana are subject to and shall cooperate in post-accident drug testing.

DRUG TESTING Any employee involved in an accident that occurs during the course and scope of employment shall be required to submit to drug and/or alcohol testing… With or without prior notification. As soon as practicable under La. R S. 23:1081. Whether or not a compensable injury is immediately claimed by the employee.

DRUG TESTING Any employee involved in an accident that occurs during the course and scope of employment shall submit to drug and/or alcohol testing where an accident occurs under any circumstance – Regardless of fault. Which necessitates, or should reasonably necessitate, medical attention. Regardless of whether the employee actually desires, agrees to, seeks, or receives medical attention.

DRUG AND ALCOHOL TESTING PROCEDURES Testing shall be performed at the most practical hospital or medical facility. ORM reserves the right to require employees to submit to additional testing, if warranted.

DRUG AND ALCOHOL TESTING PROCEDURES A representative of the agency shall transport the employee being tested to and from the testing site. Under no circumstance should any employee who is believed to be impaired or under the influence of any drug or alcohol be permitted to operate a motor vehicle.

VIOLATIONS Employees who test positive or who fails to promptly submit to testing under this policy may be Subject to dismissal or Denial of Workers’ Compensation benefits pursuant to R.S. 23:1081.

VIOLATIONS Employees and supervisors may be subject to discipline… Up to and including dismissal, in accordance with their agency’s drug-free policy, For failure to cooperate with, or to apply, the post-accident drug testing requirements outlined in this policy.

DRUG TESTING CONTRACT The State has a contract with RN Expertise that encompasses post-accident drug testing.

CHAIN OF CUSTODY FORM When using the State Procurement contract with RN Expertise, Provide the injured worker a blue Chain of Custody form to take to the testing vendor. Check the block marked “OTHER”. Write Workers’ Comp in the blank next to “other”.

CHAIN OF CUSTODY FORM

FREQUENTLY ASKED QUESTION WHO IS GOING TO PAY FOR THE TEST? The cost of the post-accident drug testing will be paid on the workers’ compensation claim. By checking the “other” box and writing workers’ compensation in the blank, RN Expertise will know to bill Sedgwick directly for the testing.

FREQUENTLY ASKED QUESTION WHAT PANEL SHOULD THE AGENCY REQUEST? Please refer to the Contract Line Detail in the State Procurement contract with RN Expertise.

FREQUENTLY ASKED QUESTION

FREQUENTLY ASKED QUESTION WHAT IF AN EMPLOYEE REFUSES TO BE TESTED POST-ACCIDENT? Document the refusal. Notify Sedgwick. RS 23:1081.7.b: If the employee refuses to submit himself to drug and alcohol testing immediately after the alleged job accident, then it shall be presumed that the employee was intoxicated at the time of the accident.

FREQUENTLY ASKED QUESTION SHOULD AN EMPLOYEE BE TESTED IF THE EMPLOYEE REPORTS AN ACCIDENT LATE? Yes. The message to employees should be that their employer performs post-accident drug testing on all accidents so delay reporting will not exempt them from that.

Questions ?

References http://www.nytimes.com/1990/11/29/us/absenteeism-and-accidents-in-workplace-tied-to-drugs.html?_r=0 http://www.doa.louisiana.gov/ohr/policies/DOAPolicy27.pdf https://www.irmi.com/articles/expert-commentary/buzzed-driving-and-buzzed-working?utm_source=JangoMail&utm_medium=Email&utm_campaign=IRMI+Update+351%3A+5+New+Articles+%2B+More+%28318298957%29&utm_content= https://www.yahoo.com/health/opioid-abuse-costs-employers-billions-1347346896355382.html