All employers in Arizona must carry a workers’ compensation insurance policy. Should an employer have an employee injured on the job and there is no insurance, the Industrial Commission of Arizona (ICA) State Fund division will pick up the payments and then charge the employer with those fees, plus penalty payments for non-insurance coverage.
Every employer, therefore, should have insurance to avoid exceptionally high payments that otherwise would have been covered by an insurance policy. It can take only one major occurrence of injury to put an employer out of business. Without insurance, employers are also vulnerable to excessive lawsuits by injured employees.
Certain accidents may be caused by employees who were careless in supporting safety procedures, thus causing the accident to themselves or other workers. Other circumstances may show that the employee was under the influence of drugs or alcohol, as noted by nearby witnesses.
All employers should consult with their Workers’ Compensation attorney to understand what rights they have in requesting drug and urine tests, to avoid any possible lawsuit by an employee claiming a violation of rights. Knowing what to do and when to do it, goes a long way in avoiding future legal problems.
In an event of injury to the employee or others, an employer may have the right to demand a blood and urine test be done at a nearby medical clinic that is contracted with the employer. If there is an injury involving subsequent hospitalization, those tests can be done at the hospital as well, as part of the full examination, although the injured employee has the right to be informed for why those specific tests are done. The employee must give written agreement for those tests for that purpose.
The employer must have reasonable suspicion that the employee was under the influence of either drugs or alcohol, to request the blood and urine tests. Any tests results are confidential to the employer who can then make the decision to fire an employee. However, all results are HIPPA-protected and cannot be divulged to other parties outside of the employer and the employee.
Title 23 on Labor, as part of the Arizona Revised Statutes, gives a legislative overview of what is expected by both employers and employees in the state of Arizona, under the Labor Department. Title 23-405 oversees the Industrial Commission of Arizona (ICA), relating to occupational safety and health. Arizona employers can go here to keep up with any changes made by the ICA, find the information needed for the workplace, such as required posters, and also submit work injury claims online.
All employers under Arizona’s Workers’ Compensation Law must post the notification (downloadable poster) saying that the employer is following the law and has obtained workers’ compensation insurance. Employee lawful rights and responsibilities are also given, and the information is in both English and Spanish.
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