North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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Testimony House Bill 1119 Senate Industry, Business & Labor Committee February 28, 2005
Chairman Mutch and members of the Committee, I am Cheryl Bergian, Director of the North Dakota Human Rights Coalition. The Coalition includes a broad-based, statewide membership of individuals and organizations interested in the furtherance of human rights in North Dakota; the Coalition’s mission is to effect change so that all people in North Dakota enjoy full human rights.
We oppose the addition of “reasonable basis” drug testing in HB 1119. Workforce Safety & Insurance already has the ability in statute to “at any time require an employee to submit to an independent medical examination” if WSI wishes to review the diagnosis, prognosis or treatment of an injured worker. To permit WSI to order drug testing of an injured worker, simply on WSI’s “reasonable basis,” is an unnecessary and unwarranted intrusion into the life of an injured worker. WSI says that they need this ability to ensure that an injured worker is rehabilitated as quickly as possible. Surely, the unbridled ability of WSI to order an independent medical examination would fulfill this need.
If WSI it to be permitted to do drug testing, the requirement for drug testing of injured workers should be far higher than “reasonable basis.” For example, I have asthma. If I were an injured worker, and had shaky hands because of my asthma medication, or a “breathy” voice because of my asthma, I anticipate that that would be enough, under a “reasonable basis” determination, for WSI to order me to be drug tested for legal or illegal drugs. That would be an appalling intrusion into the privacy of my medical condition, which should be between me and my physician. If WSI needs to evaluate my medical condition, it should be through a physician, an option it already has under statute, not through a drug testing program.
We ask for a do not pass recommendation on House Bill 1119. I appreciate this opportunity to testify on behalf of the North Dakota Human Rights Coalition.
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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