Missouri Workers’ Compensation Laws and Regulations
MISSOURI State Law Summary – Workplace Drug/Alcohol Testing
GENERAL COMMENTS: Missouri is an “open” state but to defeat an unemployment claim you must follow certain “mandatory” rules. The following will point out the rules should the employer wish to defeat these claims.
POLICY: NO law requires a written policy; however, for workers compensation/unemployment purposes employersMUST have written policy;
POSTING is required to successfully defend an unemployment claim. The policy MUST state, “a violation is considered misconduct and may result in suspension or termination of employment.”
NOTICE: NO notice or posting requirements in this state.
COSTS: Not specified except for employers wishing to defeat an unemployment claim. Employer pays for required tests and employee pays for split if the independent test confirms the original confirmed result.
CONSEQUENCES: NO limits exist under state law or court decision.
WHO: NO limits exist under state law or court decision.
WHAT: NO limits exist under state law or court decision.
WHERE: NO limits exist under state law or court decision.
WHEN: NO limits exist under state law or court decision.
HOW: NO limits exist under state law or court decision. (But see rules re: misconduct and unemployment; tests must be conducted per federal DOT, 49 CFR part 40).
OTHER STATE PECULIARITIES:
Workers Comp: Where the employee fails to obey any rule or policy adopted by the employer relating to a drug-free workplace or the use of alcohol or non-prescribed controlled drugs in the workplace, the compensation and death benefit provided for herein shall be reduced fifty percent if the injury was sustained in conjunction with the use of alcohol or non-prescribed controlled drugs. If, however, the use of alcohol or non-prescribed controlled drugs in violation of the employer’s rule or policy is the proximate cause of the injury, then the benefits or compensation otherwise payable under this chapter for death or disability shall be forfeited. (Sec. 287.120. 6).
Unemployment: Specific rules, if followed, allow employers to defend/defeat a claim for unemployment based upon the “presence” of a controlled substance in the employee while at work. (But see, GAYLORD, v. WAL-MART ASSOCIATES, INC., and DIVISION OF EMPLOYMENT SECURITY, WD 65939 COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT June 20, 2006, where the employer was unable to show it followed the specific statutory
requirements warning the employee that any violation would be considered misconduct resulting in possible suspension or termination of employment.)
WARNING: This information is presented after a review of the statutes, regulations and court decisions in this state. This information is subject to frequent change and inherently involves our opinion in certain instances and you may disagree. This information is presented for general educational purposes only -- IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE. Always consult your legal and medical professionals before making any decisions.