Can I Be Drug Tested After a Work Injury in Vermont?

If you have suffered a work-related injury in Vermont, you are likely focused on getting better and recovering workers’ compensation benefits. Suddenly, your employer asks you to take a drug or alcohol test. When this happens, you may wonder, “Can my employer require me to take a drug or alcohol test after a work injury?”

So, can you be drug tested after a work injury in Vermont? Simply put, yes. However, there are specific laws governing when and how this can happen. Also, testing positive may not automatically bar you from receiving workers’ compensation benefits. Below is what you need to know about drug testing after a work injury in Vermont.

What Does Vermont Law Say About Drug Testing?

According to 21 V.S.A. section 513, employers in Vermont are prohibited from conducting random or blanket drug testing of employees. In Vermont, an employer cannot require a job applicant or employee to undergo a drug test as a condition for hiring them, promoting them, or transferring them. This sets Vermont apart from many states where drug testing in the workplace is more common.

However, this is not to say that Vermont employers cannot conduct drug tests in the workplace. There are exceptions under the law that allow for drug testing. An employer can require an employee to undergo a test if they have probable cause to believe the employee is under the influence of drugs or alcohol while on the job. But, even in such a case, the employer must ensure the test complies with the law.

Can I Be Drug Tested After a Work Injury?

Your employer cannot expect you to undergo a drug or alcohol test just because you have suffered a work-related injury or filed a workers’ compensation claim. However, if they have specific, reasonable evidence suggesting that drug or alcohol use played a role in the incident, they are legally allowed to order a drug test. For example, if there are signs of impairment, such as the smell of alcohol, weird behavior, or slurred speech, your employer can order a test.

How Should the Test Be Conducted?

In Vermont, workplace drug testing should comply with 21 V.S.A. section 514. Under this section, here are some of the strict procedures that must be followed;

• Tests can only screen for drugs or alcohol at non-therapeutic levels.
• Employees must be given a written policy outlining testing rules, substances screened, and repercussions.
• Only Department of Health-approved labs may be used.
• A secure chain of custody must be maintained.
• A certified medical review officer must review results before reporting to the employer.

What Happens if You Test Positive?

If you test positive for alcohol or drugs, it is not necessarily the end of your workers’ compensation claim. However, a positive drug or alcohol test can make the process more difficult.

You have the right to challenge the presumption that drug or alcohol use caused your injury. A skilled Vermont workers’ comp lawyer can help you fight this presumption. For example, they can present evidence showing that the incident was unrelated to impairment and that the accident would have happened regardless of your condition.

Contact Us for Legal Help

If you’ve suffered a work injury and your employer is requesting a drug test, it is wise to speak to an attorney. Contact our skilled Vermont workers’ comp lawyer at Sluka Law PLC for help understanding and protecting your rights.

Source:

legislature.vermont.gov/statutes/section/21/005/00513