Pubdate: Wed, 12 May 2004
Source: Blade, The (Toledo, OH)
Copyright: 2004 The Blade
Contact:  http://www.toledoblade.com/
Details: http://www.mapinc.org/media/48
Author: James Drew, Blade Columbus Bureau Chief
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

DRUG TEST RESULTS MAY DETERMINE WORKERS' BENEFITS

COLUMBUS - Legislators are trying to overturn an Ohio Supreme Court
decision in 2002 that pleased labor unions and infuriated business
groups.Yesterday, the House of Representatives passed a bill to
provide notice to workers that if they are injured at work, they may
have to take a drug or alcohol test and if they fail it, they may not
receive workers' compensation benefits.

Also if they refuse or fail the test, they would have to prove that
drugs or alcohol did not cause their injury, said the bill's sponsor,
state Rep. Bob Gibbs (R., Lakeville).

A 4-3 Ohio Supreme Court decision struck down a 2001 law that said
injured workers seeking workers' compensation benefits must prove that
alcohol or drugs found in their system did not cause their injury.

The court decision returned the burden of proof to employers when
trying to deny benefits to employees. Since the 4-3 decision was
released in December, 2002, a member of the majority - Republican Andy
Douglas - reached the mandatory retirement age. Republican Maureen
O'Connor won the election to succeed him.

If the bill approved yesterday becomes law and is challenged, it could
be a test of the court's new balance of power.

The high court in 2002 said the law - which also said injured workers
who refuse to take drug or alcohol tests are presumed to have tested
positive in the eyes of the state and their employer - violates
protections against "unreasonable searches" in the federal and Ohio
constitutions.

Mr. Gibbs said the bill addresses the Supreme Court's concerns by
making it clear that employers need "probable cause" to ask injured
workers to submit to a drug or alcohol test. But state Rep. Dale
Miller (D., Cleveland) disagreed. He said the probable-cause language
is too vague, such as allowing an employer to request a drug or
alcohol test if the company receives information from a "reliable source."

"Constitutional protections are under attack, both statewide and
nationwide. It's a 'guilty until proven innocent' bill," Mr. Miller
said.

The House voted 71-24 to approve a bill requiring the state Board of
Pharmacy to set up an electronic database that would be used to combat
prescription-drug abuse.

Democratic opponents questioned the estimated $1 million cost and also
asserted that government could use information obtained from
pharmacists to infringe on citizen's privacy.

State Rep. Tom Raga (R., Mason) said the database records would not be
public, and the bill would set strict guidelines for law enforcement
access to the information.

By a 93-4 vote, the House approved a bill that would enable local
governments to create "agricultural security areas" of at least 500
acres. With township and county approval, property owners would pledge
to keep their land in agricultural use for 10 years. In return, they
would be eligible for property tax breaks on construction of farm
buildings, said state Rep. Tony Core (R., Rushsylvania).

The bill, which moves to a Senate committee, would help stem the loss
of farmland, Mr. Core said.

The House also voted:

93-2 to approve a bill sponsored by state Rep. Jim Hoops (R.,
Napoleon) to make it easier for school districts to convert
time-limited permanent improvement levies into continuing levies - so
they can use those local dollars as part of state-funded construction
and renovation projects.

86-2 to adopt a measure sponsored by state Rep. Steve Buehrer (R.,
Delta) that ensures that a stepparent adoption does not restrict a
grandparent or a relative's rights to companionship or visitation.
Both bills move to Senate committees. 
- ---
MAP posted-by: Richard Lake