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Legislative update - H.B. 122 Ohio Supreme Court finds rebuttable presumption law unconstitutional On Dec. 20, 2002, the Ohio Supreme Court overruled the Ohio General Assembly’s House Bill 122, the rebuttable presumption law, and placed the burden of proof back on the employer to prove that alcohol or drugs in the employee’s system was the proximate cause of a workplace accident/injury. This is the system that was in place prior to April 10, 2001, when H.B. 122 became effective.This ruling does not impact the policy or operation of BWC’s Drug-Free Workplace Program (DFWP) or Drug-Free EZ (DF-EZ) Program. Post-accident, random and other forms of testing in BWC’s drug-free workplace programs are still permissible and do NOT address claim compensability. Your rights as an employer and your employees’ rights are protected under both of BWC's drug-free programs. A key component of the programs is a mandatory written substance policy which protects employers from unnecessary liabilities related to drug/alcohol testing and protects employees’ rights. BWC worked with the Coalition for a Drug-Free Greater Cincinnati, the Ohio Department of Alcohol and Drug Addiction Services, organized labor representatives and substance abuse professionals to ensure fairness and integrity, and integrate employee protections throughout these safety programs. You should take the time now to review your drug-free workplace policies to ensure they focus on prevention, early intervention, employee assistance and accountability in the interest of the safety of the entire work force. |
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