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Ricardo and Victor were both injured when an electrical explosion occurred. Both were taken to the hospital and treated. However, Ricardo was denied workers compensation benefits because the hospital found evidence of cocaine use during a routine urinalysis it conducted in conjunction with his treatment.
Just because it's true in Texas doesn't make it true in Montana.
The court case cited in this IN ACTION is from Texas. It has a very specific rule about intoxication in the workplace. An employee who is intoxicated is not eligible for benefits. The argument in this case was that the employee may have had traces of cocaine in his body at the time of the accident, but there was no outward indication that he was actually intoxicated. The laws about intoxication and drug and alcohol use vary by state and it is very important that insureds understand that coverage or lack of coverage that may apply in one state may not apply in theirs.
According to testimony in this case, Ricardo used the drug on a Tuesday and the accident occurred on Friday. Ricardo did not act or appear to be intoxicated, according to the various witnesses. Many individuals who use drugs are able to mask signs of intoxication. Many employers are now turning to outside firms to help them determine which of their employees are currently using drugs. However, and even more importantly, they are attempting to screen prospective employees so they do not hire any that may abuse drugs.
The employer is responsible for worker safety on the premises and at job sites. Effective pre-screening and follow-up drug testing can help keep employees safe. However, while drug use is a safety concern, there are many other areas that employers should consider.
