A colleague recently presented a new claim she encountered.  A client’s employee was involved in a trucking accident (that same day).  The accident was bad.  The cab flipped and crushed.  The employee was undergoing emergency surgery.

However concerned the Employer was for the injured worker, there was additional concern that the employee was under the influence.  The Employer is not a drug free workplace as defined by section 440.101 and therefore did not have a testing program in compliance with s. 440.102.

What is an Employer to do in a situation like this?  What rights does it have to drug test an injured worker?   (Answer after the jump.) (more…)