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AL HB104

Bill

Status

Introduced

2/7/2012

Primary Sponsor

Paul DeMarco

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Origin

House of Representatives

Regular Session 2012

AI Summary

HB104 Summary

  • Amends Alabama Code Section 25-5-51 to deny both compensation and medical benefits (beyond initial emergency treatment) to employees whose injuries or deaths result from alcohol intoxication or drug impairment.

  • Establishes that a positive alcohol or drug test conducted under U.S. Department of Transportation standards (49 C.F.R. Part 40) creates a conclusive presumption of impairment, shifting the burden to the employee to prove the injury was not caused by substance use.

  • Denies benefits if an employee refuses to submit to or cooperate with blood or urine testing after an accident, provided the employer gave prior written warning that refusal would forfeit compensation rights.

  • Requires employers to provide written notice to employees at hiring or when removing conditional employment restrictions, warning that misrepresentation of preexisting physical or mental conditions may void workers' compensation benefits.

  • Becomes effective on the first day of the third month following passage and gubernatorial approval.

Legislative Description

Workers' compensation, compensations nor medical benefits awarded to an employee or his or her estate if employee's injury or death was a result of an impairment caused by alcohol consumption or drug use, Sec. 25-5-51 am'd.

Workers' Compensation

Last Action

Judiciary first Amendment Offered

5/9/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available