Worker’s Compensation and Intoxication (H 5473)

We opposed legislation that would create a presumption of intoxication if a person is injured or dies on the job and is found, through a blood test, to have alcohol, an unlawfully prescribed drug, or a prescribed drug that has not been used properly in their system. We argued that not only could this provision be harmful to lawful users of medical marijuana, who may have traces of metabolites in their system from usage for weeks, but it further could make it all too easy for employers to get off the hook for workplace injuries by imposing the burden of proof on the injured employees. Fortunately, the bill died in committee.