Why am I being Drug Tested in South Carolina?
Reason 1: South Carolina Employers want to save money on workers’ compensation premiums
Your employer may decide to drug test you in order to save money on workers’ compensation premiums in South Carolina. Under SC Law 38-7-500, employers can get up to a 5% discount for maintaining a drug and alcohol free work place. The law requires random drug testing in order to qualify for the discount. If you do receive a positive drug test, the employer is required to notify you in writing within 24 hours of the test.
Reason 2: When a workplace accident happens, South Carolina Employers don’t want to be on the hook to pay benefits.
Your employer may also decide to drug test you after your workplace accident. Why would they do that? Because under SC Law 42-9-60, if your employer can show that (1) you were intoxicated at the time of your accident and (2) that your intoxication caused your accident, your employer and the insurance company are not on the hook to pay benefits. Employers often use this tactic in the hopes that the injured worker won’t file a workers’ comp claim or the worker will give up on a claim that has already been filed. In fact, you may still have a claim for benefits even with a positive drug test. If you go to a hearing, a Commissioner (essentially a judge who that hear workers’ comp claims) will make a decision on whether you are able to receive benefits. You can go ahead and file a Form 50 to start your claim by going to https://wcc.sc.gov/ or calling them at 803-737-5700. Keep in mind that the employer has the burden of proof. They have to provide the evidence of your intoxication and that it caused your accident to occur. If the accident would have occurred regardless of your intoxication, then there is a good chance that the Commissioner will rule in your favor. For example, if a forklift struck you while you were standing and working and caused you to suffer from a back injury, your intoxication likely did not cause your injuries. Therefore, it is important to consider hiring an experienced workers’ comp attorney who is able to gather evidence and make these arguments in front of a Commissioner.
Is a positive drug test result always correct?
Your employer will also need to prove that your positive drug test result was an accurate result. One way they can do that is by following the proper procedures for administering the test. One way to do that is to administer a follow up test to confirm the first test was correct. Your employer also needs to show that your positive test proves you were intoxicated on the day of the accident. The positive result may show drugs in your system that you used weeks before the accident. For example, marijuana is known to stay in the system for several days or weeks depending on how often you smoke or what your body composition is (see HERE for more details from the National Institutes of Health). The Commissioner will determine whether the positive drug test is evidence of intoxication.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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