HB28 Summary

• Amends Alabama workers' compensation law to deny both medical and indemnity benefits to employees whose injuries or deaths result directly from alcohol or drug impairment.

• A positive drug or alcohol test under U.S. Department of Transportation standards (49 C.F.R. Part 40) creates a conclusive presumption of impairment; tests under other scientifically valid procedures create a rebuttable presumption.

• Employers may petition courts for judgment terminating all compensation and benefits (except pre-judgment medical treatment), with courts required to hold hearings within 45 days and issue judgments within 5 days after conclusion.

• Shifts burden of proof to employees to demonstrate by preponderance of evidence that drug or alcohol use did not proximately cause their accident (for DOT-standard tests) or that they were not impaired at all (for non-DOT tests).

• Employees who refuse drug or alcohol testing after written warning forfeit all workers' compensation benefits immediately; bill becomes effective three months after passage.