By now, you should have received a letter from the Ohio Bureau of Worker's Compensation (BWC) informing you of a new employee posting requirement. Employers must now post a notice informing employees who test positive for drugs or alcohol following an accident of their right to rebut this evidence at a hearing, and to show why drugs or alcohol were not the reason for the injury. This "notice of rebuttable presumption" should be displayed next to your BWC Certificate of Payment, where you generally post legal notices (lunch room or other common area.) We can fax you a copy if you call (614) 326-7520, or email a copy if request it at gking@oaba.net, or you can download it at http://www.ohiobwc.com/downloads/blankpdf/RebutPresumpCertNotice.pdf
Failure to post the notice prior to the date of the challenged workplace accident can result in an employee asserting he or she did not know of their right to rebut the results of the test, meaning the claim could be decided in a substance abuser's favor. We suggest you incorporate the notice in your employees handbook section dealing with workers' compensation or on workplace substance abuse.