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Workers comp and failed UA question Oregon

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  • Workers comp and failed UA question Oregon

    So I was assaulted on Christmas on the job... I refused medical assistance because I wasn't injured as I am pretty handy in defending myself and received zero injuries. While I was reporting this to my supervisors supervisors supervisor(everyone else was on vacation) he instructed me that I was not allowed to return to work after that shift until I was cleared by a doctor to return to duty. So after my 12 hour graveyard shift ended at 1100 on Christmas I had to go to the emergency room and get checked out. During my medical assessment some random guy comes in and says I have to submit to a tox screen and pulls out a tiny little bottle the size of a roll of quarters and says to me to take it to the bathroom and fill it as much as I can. So after I fill it up halfway I give it back to him and he puts it back into a leather sack then tells me I need to sign a form saying I agreed to a tox screen, so I signed it. a couple days and work shifts later I get a call from the medical review officer saying I failed for marijuana. I then quickly responded and asked if it was confirmed, they replied rudely so I rudely responded to her that she was a dim witted and hung up the phone. I waited 3-4 minutes then called back and talked to someone else and informed them that I am challenging the procedure. The woman then says okay and hangs up the phone. The very next day I get a call from my company saying I am not allowed to work until I talk to the operations manager. Well he never answered or called back for 1-2 days.... so then I go to Drill for the national guard. One of the soldiers in my company then tells me that he heard about the assault and about the failed UA and began asking me about it. At release formation I am told I need to stay back with my squad leader and my PL and PSG... so I do as I'm told and wait. Come to find out my company went back 4 months and found a UA that I had failed.

    My question is that are they allowed to release this information without confirming the UA, or even allowed to share this information at all to anybody that is not on the need to know basis? On top of that are they allowed to require me to file a workmans comp claim even though I refused medical assistance multiple times(once on the phone with 911 and once to my project manager)?

  • #2
    They required you to have a fit for duty exam. Which they can and should do if you were assaulted on the job to protect both you and them. The drug test screen is to see if you were under the influence at the time of the incident and can be used to deny WC benefits. I suspect the company has some type of policy to test at incident time and possibly randomly (since you said you have been tested 4 months prior)

    That said, I am a bit confused how the job fits in with the National Guard duty and how a soldier there knew about your failed test? Are you stating that someone at either the hospital, lab or employer passed that information on to the Natl Guard? I am a little confused who "they" are in some of your posting. Do you work at the employer with other NG soldiers?

    Who did the 4 month old test and why?

    I don't know a lot about legal marijuana use and employment testing, but here is just one Q&A I found that might answer some questions:
    "If an employer has a policy of testing people who have car accidents at work, whether they're at fault or not, it goes to the basic question: What rights do you have to use marijuana? Yes, they can terminate you for use of marijuana, even if it had nothing to do with the accident. We're still an employment-at-will state, meaning you can be fired for any reason as long as it is not an unlawful reason or a protected activity you engaged in. And as of now, use of marijuana is not a protected status. You just can't go jail for it or be fined for it."


    • #3
      Agree that it is unclear who "they" are. It wasn't some "random guy" in the ER, but a medical professional. it isn't clear why that person tested you, but it is not at all uncommon when one is either reporting a work injury or when one shows up at the ER on a holiday and or presents as possibly being under the influence.

      The Operations manager not getting back to you for 1-2 days is legally irrelevant. Over a holiday period, this is not uncommon. The MRO is not your employer. Either way, whether you can "challenge the procedure" depends upon what exactly you are challenging and why. Legally, the phrase means nothing but being rude and hanging up on them did you no favors.

      Yes, you can be required to file a WC claim. It isn't clear who released the results of your UA or to whom. In general, medical information obtained as part of a WC claim is not protected by HIPAA.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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