Drug Testing Cheating Law – A person is guilty of a misdemeanor if he or she knowingly or purposefully manufactures, delivers, owns, uses, or possesses a substance or device designed to falsify a drug test (Ch. 481, Sub. 1, Part 133).
Workers’ Comp Denial Law – An insurance carrier is not required to provide compensation for an injury that occurred while the employee was in a state of intoxication (§406.032). §406.013 provides a definition of intoxication and explains that a positive result from a blood test or urinalysis creates a rebuttable presumption that a person is intoxicated and does not have the normal use of mental or physical faculties. This does not necessarily mean employers are required to use a blood or urine test when contesting workers’ comp claims.
Unemployment Comp Denial Law – A TWC precedent case (No. 97-003744-10-040997) sets out clear guidelines for employers responding to an employee’s unemployment compensation claim. To establish that a claimant’s positive drug test result constitutes misconduct, an employer must provide five things: a policy prohibiting a positive drug test result, evidence that the claimant has consented to be tested under the policy, documentation to prove chain of custody of claimant’s sample was maintained, documentation to establish GC/MS confirmation was performed after the initial test, and documentation of test results in relation to a stated test threshold.
