House advances workers’ compensation bill

? The Kansas House on Thursday gave preliminary approval to a bill that makes it easier for employers to admit into evidence alcohol or drug tests in order to deny workers’ compensation benefits to an injured employee.

The business-backed measure advanced 78-37 on a non-recorded vote and will require another vote scheduled for today before moving to the Senate for consideration.

Supporters of the bill said it was necessary to allow employers to defend themselves against workers who are impaired by alcohol or drugs and get hurt on the job.

“We are talking about people using illegal substances,” Rep. Mike Kiegerl, R-Olathe, said.

But opponents said the bill went too far by not allowing workers to argue their case during the benefit’s hearing process.

“This gets to the inherent issues of fairness,” House Democratic Leader Dennis McKinney of Greensburg said.

McKinney tried to send the bill back to the House Commerce and Labor Committee, but the chairman of that committee, Rep. Donald Dahl, R-Hillsboro, argued against that effort.

Dahl said if there are problems with the bill, fixes can be made during the legislative process.

“It has a long way to go. Let the Senate take a look at this,” Dahl said.

The House went along with Dahl.

Other opponents said the bill broke a deal between business and labor groups that was struck in 1992 when the Kansas workers’ comp system was overhauled.

Because of the divisiveness over workers’ comp between powerful interest groups, that deal said only workers’ comp issues agreed to by an advisory panel would be forwarded to the Legislature. That panel didn’t agree on this issue.

“We’re breaking a precedent,” Rep. Candy Ruff, D-Leavenworth said, that will put lawmakers on a “dark road.”

When the bill was recommended for approval in committee, the Kansas Chamber of Commerce said it was “history in the making.”

Labor groups, trial lawyers and the AARP opposed the measure. The bill is House Bill 2141.