So why is the impairing drug alcohol rarely if ever tested for?
I worked in a JAG unit & conducted drug separation boards & asked the same question. The lawyers replied that alcohol is not an illegal substance; only its abuse is actionable.
That adds up - but lends no support to the original claim, above.
In the real world, I’m talking about the real world, if you are injured at work, and you test positive for an illegal substance, blow at or above .04% ethanol, the worker’s comp carrier will fight the claim.
Will the attorney take the case, and try to defend his client, claiming that THC in the urine does not prove impairment, of course, and he may win the case, but more times than not, he will not win the case, esp if we’re talking about a serious high dollar injury.
Any company therefore NOT testing for inmjuries is dumb.