ND SB2089

Amends North Dakota Century Code section 65-01-11 to establish burden of proof standards in workforce safety and insurance compensation claims involving impairment.

Creates a rebuttable presumption of impairment-caused injury when alcohol concentration meets or exceeds limits in 49 CFR 383.51 or controlled substance levels meet or exceed cutoff levels in 49 CFR part 40, both as in effect on August 1, 2011.

Permits employers with mandatory drug and alcohol testing policies, and employers or doctors with reasonable grounds to suspect impairment, to request employee testing at the time of injury.

Requires forfeiture of all workforce safety and insurance benefits if an employee refuses to submit to a reasonable testing request or refuses to comply with company-mandated post-accident drug or alcohol testing.

Specifies that official death certificates must be considered as evidence of death but may not be used to establish the cause of death in claims for death benefits.

Applies retroactively to all claims regardless of date of injury.