ARIZ. RULING MAY THREATEN WORKPLACE SAFETY:

The Arizona Supreme Court has invalidated what the Property Casualty Insurers Association of America believes was a valuable law designed to help provide drug and alcohol-free working environments, according to PCI Regional Vice President Sam Sorich. In David C. Grammatica v. Arizona Industrial Commission, the court struck down a 1999 law that denied workers’ compensation benefits to injured workers who had either refused to take a drug or alcohol test, or failed the test. The court ruled the law unconstitutional because it deprives an injured worker of his or her constitutional rights to workers’ comp benefits. “Virtually no injury caused in the workplace while an employee is under the improper influence of illicit drugs or alcohol is ever truly an accident,” Sorich said, pointing to a March 21, 2005, friend-of-the-court brief filed in the case by PCI. The U.S. Department of Labor and Occupational Safety and Health Administration define injuries resulting from impairment by drug or alcohol use at the workplace, not as accidents, but rather as avoidable workplace hazards. “Striking down this law sends the wrong message to Arizona residents that they may place themselves, their coworkers and the public at a significant and unjustifiable risk of serious and substantial harm by going to work drunk or high without fear or losing workers’ compensation benefits.” Sorich said.

Topics Commercial Lines Workers' Compensation Business Insurance Arizona