Rebuttable Presumption. For the determination of eligibility for Workers’ Compensation and benefits a positive test creates a “rebuttable presumption:” (1) if an employee has been injured and the Employer had reasonable cause to suspect the employee may be intoxicated or under the influence of a controlled substance not prescribed by his/her doctor, or (2) at the request of a police officer pursuant to a traffic stop and not at the request of the employee’s employer, or (3) at the request of a licensed physician who is not employed by the employee’s employer. Facts and inferences may be based on, but not limited to: (1) Observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings; (2) A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors; (3) The identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance; (4) A report of use of alcohol or a controlled substance provided by a reliable and credible source; (5) Repeated or flagrant violations of the safety or work rules of the employee’s employer, that are determined by the employee’s supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors. Explanation: Pursuant to HB 223/ORC 4123.54 positive tests create “rebuttable presumption” for the eligibility for Workers’ Compensation and benefits. Instructions: Employer representatives should contact DAS, HRD, Office of Policy Development for information and assistance in administering the program.
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Rebuttable Presumption. For the determination of eligibility for Workers’ Compensation and benefits a positive test creates a “rebuttable presumption:” (1) if an employee has been injured and the Employer had reasonable cause to suspect the employee may be intoxicated or under the influence of a controlled substance not prescribed by his/her doctor, or (2) at the request of a police officer pursuant to a traffic stop and not at the request of the employee’s employer, or (3) at the request of a licensed physician who is not employed by the employee’s employer. Facts and inferences may be based on, but not limited to: (1) Observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings; (2) A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors; (3) The identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance; (4) A report of use of alcohol or a controlled substance provided by a reliable and credible source; (5) Repeated or flagrant violations of the safety or work rules of the employee’s employer, that are determined by the employee’s supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors. Explanation: Pursuant to HB 223/ORC 4123.54 positive tests create “rebuttable presumption” for the eligibility for Workers’ Compensation and benefits. Instructions: Employer representatives should contact DAS, HRD, Office of Policy Development for information and assistance in administering the program.
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Samples: Win, CLC
Rebuttable Presumption. a. For the determination of eligibility for Workers’ Compensation and benefits a positive test creates a “rebuttable presumption:” (1) if an employee has been injured and the Employer had reasonable cause to suspect the employee may be intoxicated or under the influence of a controlled substance not prescribed by his/her doctor, or (2) at the request of a police officer pursuant to a traffic stop and not at the request of the employee’s employer, or (3) at the request of a licensed physician who is not employed by the employee’s employer. Facts and inferences may be based on, but not limited to: (1) Observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings; (2) A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors; (3) The identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance; (4) A report of use of alcohol or a controlled substance provided by a reliable and credible source; (5) Repeated or flagrant violations of the safety or work rules of the employee’s employer, that are determined by the employee’s supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors. Explanation: Pursuant to HB 223/ORC 4123.54 positive tests create “rebuttable presumption” for the eligibility for Workers’ Compensation and benefits. Instructions: Employer representatives should contact DAS, HRD, Office of Policy Development for information and assistance in administering the program.
Appears in 1 contract
Samples: das.ohio.gov
