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I think you are asking if an employee can be terminated for refusal to take a drug test after an accident. Is that correct?

Do you have a CDL?

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Employers are permitted to require post accident drug testing.

This is actually very common.

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i appreciate your patience.

The employer drug testing statute is at:

I meant to state the workers compensation testing statute is Penn Code Section 77§431

There is no right to refuse in that an employer may terminate employment.

Whether an employer terminates employment would be up to the employer.

This practice is largely because intoxication is a defense to a workers' compensation claim and the employer's insurance probably requires testing.

Does that make sense?

I'm am not saying it is fair. Certainly not.

The starting point for analysis is that at will employees can be terminated for no reason at all.

The employer can require post accident testing and then terminate for refusal, but there is not a requirement to terminate such an employee.

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It appears that you may have disconnected.

While this may not have been what you were hoping for, I hope you do not hold the unfairness of the law against me.

I hope that you will be so kind as to leave me a positive rating.

The session will end when you leave rating but you can still post follow-up questions after leaving a rating

An employer can still require testing.

The employee is still entitled to file a workers' compensation claim.

I do not know if a threat would be effective.

If abuses are known they should be reported and often there is whistleblower protection, but refusal to drug test post accident would still be a basis for termination.

This is a common practice

This is due to the employer hoping to limit their liability and due to workers' compensation insurance requirements.

Open discussion about concerns with the testing may be useful, but most employers enforce the requirement uniformly or it would be ineffective.

Is there anything else?

In sum, an employer can certainly require such testing and terminate for refusal to test.

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I understand. It is a tough situation to be in due to the law allowing for employer mandated testing.

If you think of anything later, you can post follow-up questions after leaving a rating will end the "live" session. Even after the "live" session is over you can still add to the post.

That was the worker compensation Penn code. There actually is not a general Penn statute on testing.

Thank you again

I understand. I hope it works out.