House advances workers’ comp bill

Measure would allow drug tests in cases of denying benefits

? The Kansas House on Thursday gave preliminary approval to a bill that would make 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 an unrecorded 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,” said Rep. Mike Kiegerl, R-Olathe.

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

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

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 that if there were problems with the bill, fixes could be made during the legislative process.

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

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’ compensation system was overhauled.

Because of the divisiveness over workers’ comp between powerful interest groups, that deal said only that 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” that will put lawmakers on a “dark road,” said Rep. Candy Ruff, D-Leavenworth.

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.