Sample Alcohol And Substance Abuse Policy Template (Page 5 of 5) in pdf

Sample Alcohol And Substance Abuse Policy Template Page 5

287.120.6. (1) Where the employee fails to obey any rule or policy adopted by the employer

relating to a drug-free workplace or the use of alcohol or non-prescribed controlled drugs in the

workplace, the compensation and death benefit provided for herein shall be reduced fifty percent if the

injury was sustained in conjunction with the use of alcohol or non-prescribed controlled drugs.

(2) If, however, the use of alcohol or non-prescribed controlled drugs in violation of the

employer’s rule or policy is the proximate cause of the injury, then the benefits or compensation

otherwise payable under this chapter for death or disability shall be forfeited.

(3) The voluntary use of alcohol to the percentage of blood alcohol sufficient under Missouri law

to constitute legal intoxication shall give rise to a rebuttable presumption that the voluntary use of

alcohol under such circumstances was the proximate cause of the injury. A preponderance of the

evidence standard shall apply to rebut such a presumption. An employee’s refusal to take a test for

alcohol or a non-prescribed controlled substance, as defined by section 195.010, at the request of the

employer shall result in the forfeiture of benefits under this chapter if the employer had sufficient cause

to suspect use of alcohol or a non-prescribed controlled substance by the claimant if the employer’s

policy clearly authorizes post-injury testing.

Sample Alcohol And Substance Abuse Policy Template Page 5