Drugs And / Or Alcohol in the Workplace

Some states allow the denial of workers’ comp benefits due to impairment resulting from the use of alcohol or drugs, while others do not. In 2012, the state of Mississippi made some significant changes regarding intoxication and workers’ comp. These changes included:

• Benefits will not be paid to the injured employee if the use of alcohol and illegal or prescription drugs is the proximate cause of the injury;
• Employers have the right to request a drug or alcohol test for an employee making a workers’ comp claim;
• In the event an alcohol test results in a BAC of 0.08 percent or greater, the presumption will be the alcohol was the cause of the injury;
• If the Claimant refuses to take a drug test, it will be presumed alcohol, prescription drugs or illegal drugs were the cause of the accident and resulting injury, and
• Once that presumption arises, the worker making the claim must prove alcohol or drugs were not a factor in the injury.

Industries Which are More Likely to Have Impaired Workers

Most would agree that there are more drug and alcohol-free workplaces due to the number of educational programs sponsored by insurers as well as federal and state agencies. Even so, a 2009 Rand Corp. study found the association between substance abuse and occupational injuries is greater in specific industries, most notably, construction and manufacturing. While these industries may be more likely to have workers who come to work impaired or with a hangover, the Rand researchers concluded the overall association between occupational injuries and substance abuse was “relatively small.”