Workers’ comp bill on drug, alcohol use goes to Sebelius

? A bill designed to keep businesses from paying workers’ compensation benefits to employees for drug or alcohol-related accidents won Senate approval Tuesday and is going to Gov. Kathleen Sebelius.

The Senate vote was 30-9. The House approved the bill last month.

Supporters argue the measure, backed by business groups, clarifies rules that apply when an employer suspects drug or alcohol use contributed to a worker’s on-the-job injury.

“I can’t imagine too many people being against trying to get drugs and alcohol out of the workplace,” said Pat Shelley, president of Teague Electric, in Lenexa, who supports the measure.

Some critics suggested the bill would make it easier for employers to deny benefits to workers who, for example, have a beer at lunch.

In the past, Sebelius has questioned the need for changes in the workers’ compensation system. Also, before serving in elected office, Sebelius was executive director of the Kansas Trial Lawyers Association, which opposed the measure.

But Sebelius spokeswoman Nicole Corcoran said the governor hasn’t decided whether to sign the bill. “She’ll review it when it gets to her desk,” Corcoran said.

State law already says an employer doesn’t have to provide workers’ compensation benefits if drug or alcohol use contributes to an employee’s injury or death. Even with prescription or over-the-counter medicines, an employee must show the drug was being used properly.

But the bill deals with disputes between employers and workers over compensation, which sometimes must be resolved by state administrative judges, addressing when evidence can be introduced at hearings.

Currently, Kansas law says drug or alcohol test results can’t be introduced unless an employer has cause to believe a worker probably was impaired. The bill would permit results to be introduced if a worker is tested while receiving medical treatment or if an employer mandates such tests after an accident.