Employees Who Fail Drug Tests Are Not Always Intoxicated

The Oklahoma Court of Civil Appeals recently ruled that a post-accident drug test confirming an employee’s use of marijuana did not prove he was “intoxicated” at the time of the accident. The plaintiff in Rose v. Berry Plastics Corp. was employed as a machine operator when he was involved in an accident in which his hand and wrist was crushed in a machine when a coworker turned it on. Although Rose admitted to smoking marijuana the night before, he denied being impaired at the time of the accident. The positive results of a post-accident drug test prompted the employer to deny a benefits claim, citing that smoking marijuana violated both company policy and Oklahoma workers’ compensation law.

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Post By Ken Shafton (2,372 Posts)