Pubdate: Fri, 12 Apr 2002 Source: Springfield News-Leader (MO) Copyright: 2002 The Springfield News-Leader Contact: http://www.springfieldnews-leader.com/ Details: http://www.mapinc.org/media/1129 Author: Jim Kistler INTOXICATION AT WORK IS CAUSE FOR REMOVAL On April 10, the Missouri Senate gave first round approval to Senate Bill 1005, sponsored by Sen. John Loudon, R-Ballwin. SB 1005 declares the use of illegal drugs or excessive use of alcohol (blood alcohol content greater than .08) in the workplace to be misconduct connected with work. Recent court rulings have conflicted on whether testing positive for illegal drugs is considered misconduct and unemployment benefits can thereby be denied. The Southern District Court of Appeals ruled that use of illegal drugs in violation of an employer's policy is misconduct. The Eastern District Court in St. Louis, however, ruled that an employer must show job performance has been affected by the drug use before unemployment benefits can be denied. The Eastern District Court ruling is an invitation for disaster. SB 1005 would clarify that testing positive for an illegal drug or testing above .08 blood alcohol content while on the job is deemed misconduct. The Missouri Department of Labor would thereby be obligated to disqualify the individual from collecting unemployment benefits, unless that individual could demonstrate the drug was consumed pursuant to a lawful prescription from a physician. Data provided by the Missouri Department of Labor indicates the state paid nearly $4 million to employees discharged for use of illegal drugs in 2000. The Missouri Department of Labor dismisses this amount of money as "insignificant" in the overall operation of the unemployment trust fund. Associated Industries of Missouri believes, whether it is $10 or $10 million, any state money paid to illegal drug users is too much. A vote on final passage of SB 1005 could come in the next few days. Please contact your senator and urge their support for this bill. Jim Kistler, interim president, Associated Industries of Missouri - --- MAP posted-by: Terry Liittschwager