Last updated : December 23, 2024
Worker’s compensation laws are being modified in states all over the country in order to make sure the people who receive it are the people who deserve it. As a result, companies are being provided with carrots and sticks to make sure that they are watching over their employees and creating safe, healthy, and effective workplaces that do not place employees or the public at risk of injury or death.
The impact of drug use
One of the quickest ways to increase the risk of injury or misfortune in a work environment is to have an environment where employees are actively consuming drugs. Drugs like marijuana, heroin, and amphetamines have detrimental effects on the performance and professionalism of employees and are likely to increase the odds of injury, which would in turn increase the odds of workplace claims.
Here is how the city of Milwaukee and the state of Wisconsin have begun to deal with the problem of drug use in the workplace. Essentially, they are making use of the stick approach to encourage employers to keep their places of work drug free.
The 15 percent penalty
There are penalties for negligence that affect worker’s compensation in Milwaukee. Specifically, if an employer is found to have been under the influence of an illegal drug such as cocaine or ecstasy, or simply under the influence of alcohol, while the employee was injured, the worker’s compensation the employee receives might be reduced by up to 15%. This is possible up to a full reduction of $15,000. In other words, if you’re a worker in Wisconsin and you get injured and file for worker’s compensation, your employer has the right to test you for drug or alcohol use.
If you are found to have such drugs or alcohol in your system close to the time of the accident that led to your worker’s comp claim, you can take a significant hit in the amount of worker’s comp you are able to claim.
This isn’t quite as significant as some states that actually apply penalties to the employer, but it is still significant, and reflects the hard line states and cities are drawing against the use of alcohol and drugs while employed in work settings.
Where does this leave employers?
The question of where this leaves employers is an important one, as even though an employer may not directly face penalties for employees who used drugs at the time of injury, no company wants to have injured employees to begin with.
And the statistics show that employees who are using drugs are more likely to miss work or engage in risky behaviors that make themselves, other workers, or the public at large more likely to suffer injuries or even death.
This clearly opens a company up to other potential issues of liability. As a result, it is clear that employers are left with no other practical option but to begin to pursue drug testing services for their employees.
What are the benefits?
There are a number of benefits to companies enforcing and maintaining a drug free workplace requirement for their employees. The first is simply that it makes the environment safer for everyone involved.
Rather than employees risking their lives while working side by side with other employees who may not have the full possession of their mental faculties, employees can work and experience greater levels of productivity with the knowledge that their coworkers are of sound mind and body, rather than reeling in the highs of this or that illegal substance.
Tips for introducing drug testing policies
When seeking to introduce drug seeking policies, it is best to introduce them directly to employees as well as to solicit the feedback and opinions of employees. Clearly, employers will have the final say when it comes to determining policies, but it is still worth consulting with one’s employees, as this increases the odds that they will comply with whatever decisions are ultimately made.
Employees can also be informed of the benefits of such testing, such as the safety and productivity improvements, as well as the increase in employee morale that is associated with working in an environment that is free from illicit substances.
