ARTICLE
Workers' Comp Law Struck Down in Ohio

In a 4-3 decision this past December, the Ohio Supreme Court declared unconstitutional a law that permitted drug and alcohol testing of injured workers.

In April 2001, legislative amendments enabled employers to turn down workers' compensation benefits to employees whose use of alcohol or controlled substance caused the injury. The law allowed the presumption of abuse if an employee refused to be tested for alcohol or drugs.

According to the court, this case violates the protections against unreasonable searches contained in the Fourth Amendment to the United States Constitution, as well as Section 14, Article I of the Ohio Constitution.

The Plaintiff, AFL-CIO, is pleased with this decision. However, the Ohio Bureau of Workers' Compensation and many Ohio businesses are not. They have serious concerns about what this ruling means to safety in the workplace for all workers as well as the impact it will have on workers compensation claims.