Can an employer give an employee a drug test while still on light duties through workmens comp?
Absolutely, yes. I am not an attorney but I do not believe worker’s compensation status has any bearing on drug testing policies. Employment is usually an “AT WILL” agreement, meaning the employer can change their policies anytime they wish and if you refuse to abide by those policies you can quit or be terminated. An employer who is a private company has the right to implement drug testing at any time. They have the right to test every employee, random employees, or employee for whom they have reasonable suspicion to test. They also have the right to terminate any employee who refuses to take a drug test when requested to do so. I have fired 1 person for refusal to test and 1 person for positive test. Both individuals attempted to get unemployment and lost. They appealed and lost again. There is no reason I can think of that being on light duty under worker’s compensation would somehow make an employee ineligible for drug testing or indicate discrimination.
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