can I refuse drug testing after an accident involving the company vehicle?
State/Country relating to question: Pennsylvania
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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?
I wrecked my company vehicle, very minor scratches and they tried to take me for drug testing on the spot and I refuse because I am on at least 10 different medications daily and 3 of which will show on a screen. Frankly I dont feel it's there right to demand a drug test because the police were on seen and did not declare it a dui or drug accident so I really feel like it's an infringement of my rights. I am upset over whole thing but it's my part time job and wont let them boss me around. What are my rights to refuse testing?
Do you have a CDL?
Are you still with me?
Yes, no cdl just group honme van I was driving no injuries, paint scratches. and I never signed a drug tets policy agreeing to this testing upon employement.
Employers are permitted to require post accident drug testing.
This is actually very common.
i appreciate your patience.
The employer drug testing statute is at:
What are my rights to refuse testing if any? Can I take a drug and acholol evaluation in lieu of testing? Or is it always immediate fire? I also have an incredible amount of abuse reports atcked up from my employer that they never want going public or in the hands of the 2 families that left this agency and I would be happy to release them to the families should I be fired for this scratch. Any advice on how to handle that?
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.
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.
Now what if I offered to pay for the scratches to the van and they didnt have to turn it into insurance, would the testing still be the issue? So if they wanted to fire me for not taking t he test, I could explain to them that I am no longer under a gag order to keep the abuses I have seen quiet and I could testify against them in a court of law with the families that want to take them to court? I am an advocate for kids with disabilities but not an attorney so I am not a total dummy.
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.
I have seen bad things and filed state complaints against them and numerous complaints that the families of the 2 individuals have not seen yet and both families want blood from my company and there was no whistleblower protection, I was retailiated bigtime for reporting abuse of clients and written up for it. So I have alot against them that I dont want to have to use but it doesnt look like I have a choice according to the law, if I want this job, I am going to have to fight. So none of my attorney friends in Pittsburgh can help me with this one because technically I was in the wrong.
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.
can you send me the code on employer mandated testing? or was that Penn Section 77SS431?
That was the worker compensation Penn code. There actually is not a general Penn statute on testing.
Thank you again
Thanks I like to read the code, I appreciate your help, hard to ask my attorneys these personnal questions!
I understand. I hope it works out.
Government and private sector employment law experience
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