Virginia’s voluntary law is even more of
an open question. Insurance providers are charged with not only verifying compliance with a program in order to administer a premium discount, but also with determining the requirements that an employer must comply with in the first place. Tat makes knowing exactly what to do in Virginia a question easier asked than answered.
Exceptions As mentioned earlier, there are some states with voluntary drug testing laws that require certain employers to comply with the procedural requirements of the law. Florida and Ohio are examples of states with voluntary laws that require employers with specific contracts with the state to not only ensure that they have a drug testing program in place, but that such programs meet the requirements of each state’s otherwise voluntary requirements. Regarding procedural requirements,
some of the states with voluntary laws have developed very specific drug and alcohol testing requirements. For instance, in Florida alcohol testing is permited in reasonable suspicion and post-accident testing scenarios and only via a blood sample. In Georgia, instant-result urine and oral fluid testing is permited for pre-employment screens only and all initial screen positives must be confirmed at a certified lab. Ohio requires participating employers
to drug test in accordance with the mandatory guidelines issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), the same procedural requirements mandated by the U.S. Dept. of Transportation’s drug and alcohol testing regulations. And while most states with voluntary
drug testing laws permit but do not mandate random drug testing, Ohio’s law actually requires random testing at a 15% frequency rate in order to qualify for the highest premium discount offered, 7%.
www.datia.org States that offer a
WC premium discount Alabama Arkansas Florida Georgia Idaho
Kentucky
Mississippi Ohio
South Carolina Tennessee Virginia
Wyoming
Conclusion Worker’s compensation premium discount laws provide a powerful incentive to conduct drug testing for companies that qualify to participate in such programs. Te typical 5 percent discount offered by many states can sometimes cover the entire cost of a company’s annual drug testing bill. And, of course, the overall return on investment in drug testing usually far exceeds the dollars spent on drug testing. Drug testing providers in states with
these voluntary laws are wise to become very familiar with the requirements and proactively look for opportunities to market these programs to potential (as well as existing) clients.
Bill Current is the President & Founding Partner of the Current Consulting Group. For assistance in learning about voluntary state laws that offer workers’ compensation pre-
mium discounts, visit StateDrugTestingLaws. com an extensive on-line of state drug testing laws available through DATIA at a special discounted annual subscription. ❚
datia focus 59
% discount offered 5% 5% 5%
7.5%
Consult Insurer 5%
Consult Insurer 4–7% 5% 5%
5% (max) 5% (max)
Worker’s compensation premium discount laws provide a powerful incentive to conduct drug testing for companies that qualify to participate in such programs.
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