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On a 4-3 vote, the Ohio Supreme Court has
struck down a state law that said people seeking workers' compensation benefits
must prove that drugs or alcohol found in their systems did not cause their
injury. Prior to the law, enacted in 2000, employers had to prove that drugs or
alcohol caused the injuries if they wanted to contest worker's comp claims. The
2000 law also mandated that workers who refused to take drug tests would be
considered to have tested positive.
But a narrow majority of the state Supreme
Court found that the law violated protections against "unreasonable seizures" in
both the Ohio and the US constitutions. "The right at stake, to be free from
unreasonable searches, is so fundamental as to be contained in our bill of
rights," wrote Justice Pfiefer for the majority.
The new law did not fit within US Supreme
Court guidelines for what justifies "suspicionless searches," Pfiefer wrote. "It
is not directed at a segment of the population with drug use known to be greater
than that of the general population. It does not target a segment of industry
where safety issues are more profound than in other industries. The searches
allowed involve everyone who works in Ohio," How To
Pass A Urine Drug Test Pfiefer continued.
The ruling will make it more difficult for
employers to challenge workers' compensation claims filed by workers who tested
positive for alcohol or drugs. According to the Toledo Blade, business groups
were "infuriated" by the ruling. The Blade reported that Republicans and
business interests may try to pass the same law again this year in the hope that
a newly constituted Ohio Supreme Court -- tilted more heavily toward the GOP
after the November elections -- would rule differently.
How To Pass A Urine Drug Test
Information From Always Test Clean.
How to pass a
drug test is the question more and more people are faced with each and every day. Employee
screenings are on the rise, corporations have
their own rules and
random drug testing is often the condition of employment.
If this is the major concern in your life, you have come to the
right place. ATC products will shield you from detection of
controlled substances, prescription and non-prescription preparations, as well as other
things you might not want people to know about like tobacco usage. For
More Information check out our information to pass drug
test
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