SB3433 - Workers' Compensation Act Amendment

• Establishes standards for cannabis impairment in workers' compensation claims by creating a rebuttable presumption of intoxication at tetrahydrocannabinol (THC) levels of 5 nanograms or more in whole blood or 10 nanograms or more in other bodily substances.

• Authorizes employers to establish written consent policies for employee cannabis use, which consent shall not be unreasonably withheld.

• Maintains existing bars to compensation when employee intoxication is the proximate cause of injury or constitutes a departure from employment, including for alcohol, controlled substances, and intoxicating compounds.

• Requires all drug and alcohol testing to comply with National Labor Relations Act standards, maintain sample integrity, utilize split testing procedures, and be performed by accredited or certified laboratories.

• Employees may overcome the rebuttable presumption of intoxication by preponderant evidence that intoxication was not the sole proximate cause of their injury.