Is it legal for an employer to require a drug test when you are hurt on the job?

If you get hurt on the job where I work they require the company Doctor to give you a urine test before treating you. I was wondering if this is something I can refuse? I do not used drugs but feel this is a civil rights issue. I work and live in the state of NJ.

Yes,it's called a Post Accident Test,and thanks to the fact that our Civil Liberties mean nothing to the govt when it comes to the "War On Drugs" you will have to "prove you're innocent" in order for your Company to pay for your treatment.

Welcome to this Brave New World where people have no rights. The Drug policies were but the first step,the rest is coming to a govt. near you soon.

YTP

is it legal for employer to require a drug test:
depends on fine print in the employment contract. some company will include that by accepting the job, you are to submit a drug test. i would think this would be done before you are accepted as an employee in the company.

...when you are hurt on the job:
depends on the nature of the job. employer have a duty of care to make sure that employee is safe in the workplace. if the job is in some industrial site, then safety advice must be given including safety equipment. if the necessary precautions have been taken by the company, then they may have a defence that it is your own negligence, by your conduct that you have hurt yourself. the urine test may be required as part of their defence. if you are sure that you have not taken any illegal substance then it makes it all the more difficult for the company to challenge your claim. if you have taken any drugs then they can use it to justify that such accident would not have happenned to you but for the dugs you have taken. it may also be that they can make a strong case stating that you know that there is a risk that you may not be totally in control of your self having taken the drug yet you went on and take that risk, and therefore the onus will be on you.

also it depends on the nature of your injury and the extent of your injury. is it a minor injury, has this injury been sufferred before by any employee previously (if yes, what has the company done about it), there are so many mitigating factors to consider.

on the issue of does it infringe your civil rights, it depends on whether this policy has always been practiced before or is it something new. it might be good to find out if other company that is of the same employment as yours has this policy too. it is only (i think) an infringement to your civil rights if the urine test is used for something other than as part of evidence of the current claim. I suppose you can refuse to have a urine test conducted by the company doctor but the company's lawyers might ask the court to compel you to produce the test result, not necessarily from the company's paid doctor, but you can get the test at any other practice of your choice, so in that sense you have the right to choose.

The only issue you have here is the "before they treat you" portion. That would depend upon the nature and seriousness of the injury.

You can always refuse the drug test and the company can fire you for violating company policy.

The drug screening is legal. You agreed to it as a condition of your employment.

Can they arbitrarily test for drugs? No. However, if a business normally tests for drugs, has an announced drug testing policy or states in an employee handbook that drug testing may be requested and that they feel circumstances justify a due cause testing, then yes they can. They can't just start on you being the first and start a drug testing policy.

Yes its legal. Its also legal for you to cheat on the test (if you are lying and you do in fact use drugs). If its thc, I recommend lots of water, cranberry juice, azo pills (cranberry extract). Our country isnt as free as you thought it was is it now!? http://conservationfinance.wordpress.com...

Yes, it is legal and in many states required not only by an employer, but due to OSHA standards. If you refuse, it is just grounds for termination.

Yes, the person's drug use may be a contributing factor to the accident. That should be determined as part of the investigation to the cause. OSHA requires it.

how is it a civil rights issue.
your employer has a right to have employee's who are drug free.
why should they pay for medical bills because you got hurt because you were high on drugs

chances are if you refuse you will just be fired

I am sure that this is covered in your employee handbook and that you have probally consented to the drug test when you signed your employement papers/app.

yes because if you were high on something (IF) then they can claim they are not liable. Welcome to OSHA and the regulations that the trial lawyers make us go through because of all the lawsuits.

If it's in your hiring agreement, then yes it's legal.

Love Jack

I've never heard of that, only when applying for a job.