New rebuttable presumption law
Employers now have added protection if an injured worker tests positive or refuses to test for drugs or alcohol. H.B. 223, also known as the Rebuttable Presumption law, takes effect Oct. 13, 2004 and applies to claims filed after that date. Simply put, the burden of proof shifts to the injured worker to prove the accident was not caused by drugs or alcohol. Failure to do so may result in disqualification for workers’ comp benefits. H.B. 223 defines a positive test for the purpose of claim disallowance to be a .08 blood alcohol content (BAC), or higher.

Required posting
The new law requires that employers post a written notice in a place viewable by employees. The statutory notice should be posted with the Certificate of Coverage, if applicable.

Required posting
House Bill 233 - Copy of legislation
BWC's announcement letter and fact sheet