Tuesday, February 15, 2011

Workers Comp Drug Testing

HB 1054 as introduced reads in part ”The treating physician shall test the injured employee for the use or consumption of any substance provided for in Section 465.20 of Title 63 of the Oklahoma Statutes, and the results of the test shall be included in the report supplied to the employer.” According to Section 465.20 of Title 63;
(a) It shall be unlawful for any person deliberately to smell, inhale, breathe, drink or otherwise consume any compound, liquid, chemical, controlled dangerous substance, prescription drugs or any other substance or chemical containing any ketones, aldehydes, organic acetones, ether, chlorinated hydrocarbons or metallic powders, such as gasoline, glue, fingernail polish, adhesive cement, mucilage, dope, paint dispensed from pressurized containers or any other substance or combination thereof containing solvents releasing toxic vapors, with the intent to cause conditions of intoxication, inebriation, excitement, elation, stupefaction, paralysis, irrationality, dulling of the brain or nervous system, or any other changing, distorting or disturbing of the eyesight, thinking processes, judgment, balance or coordination of such person.
(b) The provisions of this statute shall not pertain to any person who inhales, breathes, drinks or otherwise consumes such material or substance pursuant to the direction or prescription of any licensed doctor, physician, surgeon, dentist or podiatrist; nor to the consumption of intoxicating liquor.
Bill link http://webserver1.lsb.state.ok.us/2011-12HB/HB1054_int.rtf

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