The Process and Getting Help Following a Workplace Accident
It is generally believed that using alcohol, drugs, or other psychoactive compounds has no place at work. But what happens when you have an accident that wasn’t caused by illicit substance use? Maybe you used on your own time, away from work, and are wondering what happens next.
There are certain protections in place for employees following an accident at work. Still, this can leave you with questions about the California post accident drug testing process, possible consequences, and whether it will affect workman’s comp.
Keep reading to learn more about the process, what protections are in place for workers and those in public safety roles, and when that accident at work can be a sign to reach out to South Shores Recovery for help.
Can I Be Drug Tested After a Workplace Accident?
California employers can drug test an employee following an accident or injury in the workplace under drug testing laws with reasonable suspicion. However, they have to meet certain guidelines that respect an employee’s right to privacy under California law.
Drug-free workplace policies must be in place and the employer must pay for the test. California employers also cannot require employees to take drug tests as punishment for reporting accidents occurring on the job.
Random drug testing of an employee is also prohibited following an accident under employment law. Employers cannot penalize employees who use a medication for a diagnosed health condition. However, people in safety-sensitive job positions are subject to random testing according to federal guidelines.
Department of Transportation Employees and Drug Testing
Employees of the Department of Transportation (DOT) or other safety-sensitive industries are exempt from these conditions. You are subject to federal law for employee drug testing. Police officers can also require a drug test or issue a breathalyzer test if they suspect alcohol or drug use.
There are strict alcohol- and drug-free workplace policies in place in these fields.
Can I Refuse to Take a Drug Test in California?
Employees do have certain rights regarding drug testing in the Golden State. Drug testing is considered to infringe upon an employee’s right to be free from unlawful discrimination and right to privacy according to the California Department of Industrial Regulations.
There are strict guidelines in place that must be met before a California employer can drug test.
However, California drug testing laws do allow employers to drug test as a condition of employment. Pre-employment drug testing is allowed but once you are hired, mandatory drug testing and random drug testing without reasonable suspicion go against employee rights under California’s constitution.
You can refuse to submit to a drug test, but this is a matter for California courts to determine if the state constitution is being upheld. There is a risk of being fired but if it is considered unethical, then your employment may be reinstated. If you refuse a pre-employment drug test as a condition of a job offer, however, the offer may be revoked.
Will I Get in Trouble for Marijuana?
California law allows the use of recreational marijuana and medical marijuana following the legalization of cannabis, for both private employers and public jobs. You cannot be high at work, especially in a drug-free workplace, but drug testing for marijuana is unethical.
As a result, employer tests must exclude non-psychoactive cannabis metabolites from drug testing. This includes post-accident drug tests, pre-employment testing, and random drug tests.
The exception to this is people who work in aviation, truck driving, bus driving, and other safety-sensitive positions. While cannabis is legal in California, marijuana use is against federal laws for these employees. Even a doctor’s recommendation for medical marijuana is not accepted in these circumstances.
Is Random Drug Testing Allowed in California?
Even though your California employer can require drug testing from job applicants, routine and random drug tests are prohibited once you are employed, except under specific circumstances.
This means employers may only administer drug tests with a good amount of suspicion. However, this is different for those in public safety positions.
The Drug Testing Process
California has laws in place that protect employees through the drug testing process. It is not legal for you to be asked to take your clothing off or to make employees produce a urine sample in front of a supervisor or other individual.
This is true for testing both current and prospective employees.
What Happens if I Test Positive After an Accident at Work?
Employers can still penalize employees who fail a drug test after an accident. However, they must have drug-free and alcohol-free workplace policies written and there must be reasonable evidence that you were under the influence at the time of the accident.
Following a failed drug test, there is a risk of being terminated from your job. Even though California is an at-will state, however, there are laws in place for wrongful termination. You cannot be penalized for a workplace injury, except in the case that drug and alcohol use is considered the sole contributing factor to the injury.
Even if you test positive, you still have a right to privacy. California employment officers cannot publish this information anywhere or share it with others, as it can lead to defamation lawsuits.
Does a Positive Test Effect Workman’s Comp?
According to California drug testing laws, a positive test alone does not exclude an employee from workman’s comp benefits. Workman’s comp eligibility is determined on a case-by-case basis and depends on the specific circumstances surrounding the injury.
Drug and alcohol use would have to be determined as the main cause of the accident, not just a contributing factor.
When Workplace Accidents Are a Sign for Help
Accidents at work happen. In cases where you were under the influence, tired from using alcohol or drugs the night before, or just distracted, substances do not leave you feeling your best. Use this as a wake-up call and contact South Shores for help today.
South Shores is conveniently located in Southern California. We work with many types of commercial and public health insurance, making treatment accessible for the people who need it most.
We also offer a wide range of inpatient and outpatient services, making it easy to find a program that works for your schedule and the level of support needed to overcome addiction.
Can I Be Fired for Seeking Addiction Treatment?
Even if you aren’t sure if a rehabilitation program would benefit you, reach out to South Shores today. We can help you set up a drug and alcohol screening, often used to determine the level of services (if any) that would be beneficial.
Your employer is required to allow you to seek substance abuse treatment under federal (FMLA) and state laws in CA, provided they have at least 25 employees and it will not strain the company. They must provide reasonable accommodation. This means human resources cannot replace you while you are working on bettering your life.
These protections stem from the Americans with Disabilities Act which prevents disability discrimination (on a federal level) and the California Fair Employment and Housing Act (on a state level). While they do not protect employees in active addiction, they do protect current employees who are seeking treatment.
Reaching Out to South Shores After a Positive Drug Test
Even if you don’t get in trouble at work, accidents at work can open your eyes to the risk of drinking or using other substances before, during, or after work hours.
When you’re ready to get help, don’t hesitate to reach out to South Shores.
Our individualized treatment plans make it easy to get exactly the level of treatment that you need to overcome any form of substance use disorder.
Make the confidential call now, and get support options for recovery with us today!
877-919-8833
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