NEWS4U APRIL 2022 | LOCAL HAPPENINGS
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WITH LANE SIESKY / SIESKY LAW FIRM, PC
Focusing on personal injury, civil litigation, whistleblower claims and workers' compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys - including Lane Siesky, Daniel Gearhart and Douglas Briody - boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the firm's aggressive representation of its clients continues to benefit the community in myriad ways.
Q:
We are having a horrible time, as most employers are, finding good, qualified employees that can pass our drug test policies. We just lost one because he tested positive for marijuana use. There are companies who have stopped testing for marijuana use. What would be the legal ramifications if we stopped also? If a maintenance tech
was involved, during work hours, in an accident and was found to be under the influence of marijuana would we be held liable?
A:
In short, an employer is not required to test for marijuana
shows an employee was under the influence of the drug at the time
or other drugs. However, if the employee is under the
of the accident.
influence of marijuana or other illicit drugs at the time of
a work accident, an employer could be held responsible under the
If the drug was merely in his/her system but the employee was not
theory of respondeat superior.
under the influence of the drug I don’t believe the finding would be of consequence in the legal case. However, It may take a toxicologist
Respondeat Superior is a fancy Latin phrase that means to hold an
to understand whether the test results are meaningful because of
an employee or agent, if such acts occur within the scope of the
interaction with other drugs (prescription or otherwise), timing and
employer or principal legally responsible for the wrongful acts of
such things as “half-life of drug,” weight, height, food consumption,
employment or agency.
method of drug testing, reliability of testing, etc.
I do believe there is a difference between a drug test showing that
As always, if you are an employer, employee or accident victim
the employee had drugs in his/her system but was not under the
and are facing this very issue, it is always best to consult with a
influence of the drug at the time of the accident and a drug test that
knowledgeable attorney to discuss the facts of your case.
Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.
58 | APRIL 2022
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