The legalization of marijuana, both recreational and medical, has been an active issue over the last few years, and its implications for workers compensation (WC) are still being evaluated. One question naturally arises—what are the implications of the legalization of marijuana for WC Drug-Free Workplace safety programs? This question won’t be fully answered until case law evolves further. In the meantime, employers also have continuing concerns about the use of opioids, methamphetamines, cocaine, and other drugs that might impair a worker. A review of the results for risks with WC Drug-Free Workplace Program (DFWP) credits seems appropriate. This study includes a limited number of states, and there could be other states (e.g., Ohio) with similar programs not included in this analysis.
- In the NCCI states reviewed, WC policies with DFWP credits did not have lower claim frequency than comparable policies without DFWP credits
- There is no clear pattern at the class code level for the relative frequency of claims for policies with and without drug-free credits