Post-accident drug testing

Miriam George · July 2003

[font size="1" color="#FF0000"]LAST EDITED ON 07-16-03 AT 10:18AM (CST)[/font][p]We currently require employees to undergo a urinalysis test for drugs following accidents. We are an Oklahoma employer. Does anyone know if this is still legal?

Margaret Morford · July 2003

I don't know Oklahoma law, but wondered why you don't do a blood test rather than urine test. The blood test would actually tell you whether they were under the influence (either drugs or alcohol) at the time of the accident. For drugs or alcohol to show up in the urine, they have to have been ingested several hours before the accident.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

afender · July 2003

I don't know Oklahoma law, but in Texas, w/c insurance carriers require a urine test for drugs post-accident for non-DOT.

Our company has an independent lab handle the screens and chain-of-custody forms. The lab has an MRO follow-up on all positive results to rule out prescription medication causing a positive. The final result form that we receive will show a positive for illegal substances only.

We have a Substance Abuse Policy in our Handbook that is reviewed in detail during orientation. It is also posted in the breakroom along with other pertinent policies. It is clearly stated in that policy and our Work Related Injuries Policy that anyone sustaining an injury at work is required to submit to a drug screen.

Hope this helps.

Eliant · July 2003

I again, do not know Oklahoma law. However in Californai we have a law that states in order to do this you have have reasonable or probable cause. These two words are very broad. I haave friendds in HR that the mere cause of the injury or accident is considered probable and or reasonable suspicion. However, in talking to an attorney recently regarding this matter. He stated, that while the law had not been tested in California for this as of yet, he recommended that that if a person went to the clinic because he suffered an injury or accident as a result of someone elses fault we do not test, if a person is walking and he slips and fall because the conditions of the floor were not safe we do not test. Also, we have a no substance abuse policy.
This is a case by case situation. So, for you, look into the Oklahoma law and if permited do a blood test.

Balloonman · July 2003

Margaret I have to disagree with you. The urine test is fine for testing for drugs. If you wish to include alcohol also you need to do the breathalyzer. Urine sample is the most accepted method, and blood samples are often considered invasive to employees. Which is something to keep in mind if, you no they are stubborn and not to keen on drug testing anyway.
My $0.02 worth.
DJ The Balloonman

Pork · July 2003

We do it too! Any refusal to provide a urine sample for testing and any positive result is immediate termination for everyone, management and labor. PORK

Bizee1 · July 2003

Yes, it's legal to require post-accident drug testing in OK.

And BTW, regarding the different tests, urine tests typically detect only drugs used in the past few days (marijuana being an exception). Hair testing detects drugs used in the last 60-90 days, providing a history of abuse or non-abuse. Amphetamines, opiates, PCP and cocaine have average detection limits of only 3-5 days in urine. It takes several days for hair to grow out long enough to be included in a sample. Because of that, urine rather than hair samples is more appropriate for issues concerning very recent drug use such as random, post-accident, or reasonable suspicion testing. Hair testing is most often used for pre-employment screening in a business setting. Sometimes a combination of both urine and hair testing is presented as evidence.

Post-accident drug testing

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