Code of Alabama - Title 25: Industrial Relations and Labor - Chapter 5 - Workers' Compensation

• Article 1 General Provisions.
• Section 25-5-1 Definitions
  Throughout this chapter, the following words and phrases as used therein shall be considered to have the following meanings, respectively, unless the context shall clearly...
• Section 25-5-2 Powers and duties of Secretary of Labor with respect to administration of chapter generally; "director" defined
  The Secretary of Labor of the State of Alabama shall gather statistics on accidents and their causes and shall generally be responsible for the efficient...
• Section 25-5-3 Secretary to prepare and distribute forms, etc
  The secretary shall prepare and cause to be printed, at the expense of the state, and to be paid for as other supplies are paid...
• Section 25-5-4 Reports and records of injuries for which compensation claimed
  An employer shall keep a record of all injuries, fatal or otherwise, received by his or her employees arising out of and in the course...
• Section 25-5-5 Reports of settlements
  Every employer shall, within 10 days after the settlement of any case, other than a settlement approved by the court, make a report thereof in...
• Section 25-5-6 Circuit court clerks to report disposition of cases
  The clerk of the circuit court shall, within 10 days after the disposition of any case in his court, make a report in writing, giving...
• Section 25-5-7 Supplementary reports as to initiation, cessation, etc., of compensation payments
  In all cases, upon making the first payment of compensation and upon cessation or termination of payment of compensation, for any reason whatever, the employer...
• Section 25-5-8 Employers' options to secure payment of compensation
  (a) Option to insure risks. An employer subject to this chapter may secure the payment of compensation under this chapter by insuring and keeping insured...
• Section 25-5-9 Pooling of employers' liabilities for qualification as self-insurers
  (a) The Secretary of Labor may, under such rules and regulations as he may prescribe, permit two or more employers, as such term is defined...
• Section 25-5-10 Liabilities of persons engaged in schemes, etc., to avoid liability to workers
  (a) A person who creates or carries into operation any fraudulent scheme, artifice, or device to execute work without being responsible to the worker for...
• Section 25-5-11 Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements with third parties
  (a) If the injury or death for which compensation is payable under Articles 3 or 4 of this chapter was caused under circumstances also creating...
• Section 25-5-11.1 Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation
  No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation...
• Section 25-5-12 Chief Justice of Supreme Court to prepare uniform rules for circuit courts
  The Chief Justice of the Supreme Court of Alabama, from time to time as he deems it is necessary, may prepare uniform rules for the...
• Section 25-5-14 Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer
  The Legislature finds that actions filed on behalf of injured employees against officers, directors, agents, servants, or employees of the same employer seeking to recover...
• Section 25-5-13 Applicability of chapter
  (a) This chapter shall be applicable to the employees of all counties and all municipalities having populations greater than 2,000 according to the most recent...
• Section 25-5-15 Safety committee
  Upon the written request of any employee, each employer subject to the workers' compensation law shall appoint a safety committee. The safety committee shall consist...
• Section 25-5-15.1 State safety program; legislative intent; creation
  (a) It is the intent of the Legislature to promote safety education, safety planning, and to provide any needed technical assistance. (b) The Secretary of...
• Section 25-5-17 Severability
  The provisions of this act are expressly declared not to be severable. If any provision of this act shall be adjudged to be invalid by...
• Article 2 Compensation by Civil Action.
• Section 25-5-30 Applicability of article; article deemed extension or modification of common law
  This article shall not apply in cases where Article 3 of this chapter becomes operative in accordance with the provisions thereof, but shall apply in...
• Section 25-5-31 Right of action for damages for injuries or death of employee
  When personal injury or death is caused to an employee by an accident arising out of and in the course of his employment, of which...
• Section 25-5-32 Excluded defenses
  In all cases brought under this article, it shall not be a defense: (1) That the employee was negligent, unless and except it shall also...
• Section 25-5-33 Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death
  The provisions of Sections 25-5-31 and 25-5-32 shall apply to any claims for death of an employee as covered by Sections 6-5-391, 6-5-410, and 25-6-3,...
• Section 25-5-34 Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed
  The provisions of this article and Article 3 of this chapter shall apply to employees who are minors and who have been employed in accordance...
• Section 25-5-35 Recovery where accident occurs outside state; effect of compensation under law of another state, etc., upon compensation under this article and Article 3 of chapter, etc.; recovery under this article and Article 3 of chapter for accident occurring within state where employment principally localized outside state
  (a) As used in this section: (1) The term "United States" includes only the states of the United States and the District of Columbia; and...
• Section 25-5-36 Burden of proof as to misconduct of employee
  In all actions of law brought pursuant to this article, the burden of proof to establish the wilful misconduct or other misconduct as defined in...
• Article 3 Elective Compensation Under Contract of Employment.
• Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments, and rescue squads; sports officials
  (a) This article and Article 2 of this chapter shall not be construed or held to apply to an employer of a domestic employee; an...
• Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation
  If an employer is subject to this article, compensation, according to the schedules hereinafter contained, shall be paid by the employer, or those conducting the...
• Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive
  Except as provided in this chapter, no employee of any employer subject to this chapter, nor the personal representative, surviving spouse, or next of kin...
• Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability of employers, etc
  The rights and remedies granted in this chapter to an employee shall exclude all other rights and remedies of the employee, his or her personal...
• Section 25-5-54 Presumptions as to applicability and acceptance of provisions of articles
  Every employer and employee, except as otherwise specifically provided in this article, shall be presumed to have accepted and come under this article and Article...
• Section 25-5-55 Rights and powers of minors under article generally; effect of payment of awards to minors
  For the purposes of this article and Article 4 of this chapter, minors shall have the same power to contract, make settlements and receive compensation...
• Section 25-5-56 Settlements between parties
  The interested parties may settle all matters of benefits, whether involving compensation, medical payments, or rehabilitation, and all questions arising under this article and Article...
• Section 25-5-57 Compensation for disability
  (a) Compensation schedule. Following is the schedule of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability, the compensation shall be 66 2/3...
• Section 25-5-58 Effect of preexisting injuries or infirmities
  If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall...
• Section 25-5-59 Waiting period for compensation; penalty for overdue compensation payments
  (a) For purposes of this article, except for scheduled injuries as provided in Section 25-5-57(a)(3), compensation for the first three days of disability shall not...
• Section 25-5-60 Compensation for death
  In death cases, where the death results proximately from the accident within three years, compensation payable to dependents shall be computed on the following basis...
• Section 25-5-61 Persons presumed wholly dependent
  For the purposes of this article, the following described persons shall be conclusively presumed to be wholly dependent: (1) The wife, unless it is shown...
• Section 25-5-63 Total dependents - Maximum compensation
  Total dependents shall be entitled to take compensation in the order named in Section 25-5-62 until the percentage of the average weekly earnings of the...
• Section 25-5-62 Total dependents - Designated; order of compensation
  A wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law or father-in-law who was wholly supported by the deceased workman at the time of...
• Section 25-5-64 Partial dependents
  Any member of a class named in Section 25-5-62 who regularly derived part of his support from the earnings of the deceased workman at the...
• Section 25-5-65 Compensation of orphans or other children
  In computing and paying compensation to orphans or other children, in all cases, only those under 18 years of age or those over 18 years...
• Section 25-5-66 Disposition of compensation upon remarriage of widow of employee who has another dependent
  THIS SECTION WAS AMENDED BY ACT 2019-445 IN THE 2019 REGULAR SESSION, EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)...
• Section 25-5-67 Burial expenses
  If death results to an employee as the result of an accident or an occupational disease arising out of and in the course of the...
• Section 25-5-68 Maximum and minimum weekly compensation
  (a) The compensation paid under this article shall be not less than, except as otherwise provided in this article, 27 1/2 percent of the average...
• Section 25-5-69 Compensation to cease upon death or marriage of dependent; proportional benefits for dependents
  (a) If compensation is being paid under this article to any dependent, the compensation shall cease upon the death or marriage of the dependent. Where...
• Section 25-5-76 Liability of joint employers
  In case any employee for whose injury or death compensation is payable under this article shall, at the time of the injury, be employed and...
• Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation, medicine, etc.; medical examinations; review by ombudsman of medical services
  (a) In addition to the compensation provided in this article and Article 4 of this chapter, the employer, where applicable, shall pay the actual cost...
• Section 25-5-78 Written notice to employer of accident - Required
  For purposes of this article only, an injured employee or the employee's representative, within five days after the occurrence of an accident, shall give or...
• Section 25-5-79 Written notice to employer of accident - Service and contents
  The notice referred to in Section 25-5-78 may be served personally upon the employer or upon any agent of the employer upon whom a summons...
• Section 25-5-80 Limitation period for claims or actions for compensation
  In case of a personal injury not involving cumulative physical stress, all claims for compensation under this article shall be forever barred unless within two...
• Section 25-5-81 Determination of disputed compensation claims generally
  (a) Commencement of action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee or between the dependents of a deceased...
• Section 25-5-82 Compensation for death to be paid only to United States residents
  Compensation for the death of an employee shall be paid only to dependents who, at the time of the death of the injured employee, were...
• Section 25-5-83 Commutation of compensation to lump sum payments
  By agreement of the parties and with approval of the court, the amounts of compensation payable periodically, under this article and Article 4 of this...
• Section 25-5-84 Modification of payments
  All amounts paid by the employer and received by the employee or his dependents under settlements made under Section 25-5-56 shall be final, but the...
• Section 25-5-85 Procedure for and effect of payment of compensation to court appointed trustee
  At any time after the amount of an award has been agreed upon by the parties or found and ordered by the court, a sum...
• Section 25-5-86 Remedy for default upon periodic compensation payments; exemption of compensation claims, etc., from garnishment, etc
  For purposes of this article and Article 4 of this chapter: (1) If the award, order, or settlement agreement is payable in installments and default...
• Section 25-5-87 Preference of right to compensation, etc
  The right to compensation and of compensation awarded any injured employee or for death claims to his dependents shall have the same preference against the...
• Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement of action, etc
  Either party to a controversy arising under this article and Article 2 of this chapter may file a verified complaint in the circuit court of...
• Section 25-5-89 Proceedings for determination of disputed claims for compensation - Costs and fees
  Costs may be awarded by said court in its discretion, and, when so awarded, the same costs shall be allowed, taxed and collected as for...
• Section 25-5-90 Proceedings for determination of disputed claims for compensation - Attorney's fees
  (a) Unless otherwise provided in this chapter, no part of the compensation payable under this article and Article 4 of this chapter shall be paid...
• Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment lien
  Whenever any decision or order is made and filed by the court upon any matter arising under this article, the clerk of the court shall...
• Section 25-5-92 Discharge of lien upon judgment payable periodically
  When the judgment, however, is for a sum not due, that is, payable periodically, the defendant may discharge the registered lien by giving a bond...
• Section 25-5-93 Judgments discharged and marked satisfied upon proof of release or satisfaction of judgment
  Any judgment entered under the provisions of this article and Article 2 of this chapter, either by award or by settlement, and entered on the...
• Article 4 Compensation for Occupational Diseases.
• Section 25-5-110 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL DISEASE. A disease...
• Section 25-5-111 Right to compensation for death or disablement
  Where the employer and employee are subject to this chapter, the disablement or death of an employee caused by the contraction of an occupational disease,...
• Section 25-5-112 Presumptions as to applicability and acceptance of provisions of article
  All contracts of employment made on or after September 1, 1971, shall be presumed to have been made with reference to and subject to the...
• Section 25-5-113 Manner of compensation, etc., provided by article exclusive
  No employee of any employer subject to this article, nor the personal representative, surviving spouse, or next of kin of any such employee shall have...
• Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc
  The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents,...
• Section 25-5-115 False written representation to employer as to previous compensation for occupational disease
  If an employee, at the time of or in the course of entering into the employment of the employer by whom the compensation would otherwise...
• Section 25-5-116 Which employer liable for compensation of employee; contribution
  (a) If compensation is payable for an occupational disease other than pneumoconiosis or radiation, the only employer liable, if any, shall be the employer in...
• Section 25-5-117 Limitation period for claims or actions for compensation
  (a) In case of the contraction of an occupational disease, as defined in this article, or of injury or disability resulting therefrom, a claim for...
• Section 25-5-118 Rights and remedies as to exposures to hazards of occupational disease occurring prior to September 1, 1971
  All exposures of the employee occurring prior to September 1, 1971, to the hazards of an occupational disease, as defined in this article, while in...
• Section 25-5-119 Computation of compensation and benefits payable under article
  The compensation payable for death or disability caused by an occupational disease, as defined in this article, shall be computed in the same manner and...
• Section 25-5-120 Presumptions and burden of proof as to right to compensation
  There shall not be a presumption that disablement or death from any cause or infirmity is the result of an occupational disease, nor that an...
• Section 25-5-121 Settlements between parties; determination of disputed compensation claims
  The interested parties shall have the right to settle all matters of compensation and all questions arising hereunder between themselves in accordance with and subject...
• Section 25-5-122 Applicability of article
  The provisions of this article shall apply to all cases of occupational disease, as defined in this article, or injury, disability, or death therefrom, in...
• Section 25-5-123 Applicability of other provisions of chapter to article
  All of the provisions of Articles 1, 2, 3, and 8 of this chapter, except Section 25-5-78, shall be applicable to this article, unless otherwise...
• Article 5 Compensation for Occupational Pneumoconiosis Generally.
• Article 6 Compensation for Pneumoconiosis of Coal Miners.
• Article 7 Compensation for Occupational Exposure to Radiation.
• Section 25-5-190 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL EXPOSURE TO RADIATION....
• Section 25-5-191 Right to compensation for injury or death
  Where the employer and employee are subject to the provisions of this chapter, the disablement or death of an employee caused by occupational exposure to...
• Section 25-5-192 Presumptions as to applicability and acceptance of provisions of article
  All contracts of employment made on or after September 7, 1967, shall be presumed to have been made with reference to and subject to the...
• Section 25-5-193 Manner of compensation, etc., provided by article exclusive
  No employee of any employer subject to this article, nor the personal representative, surviving spouse, or next of kin of any such employee shall have...
• Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc
  The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents,...
• Section 25-5-195 False written representation to employer as to previous compensation for exposure to radiation
  If any employee, at the time of or in the course of entering into the employment of the employer by whom the compensation would otherwise...
• Section 25-5-196 Which employer liable for compensation of employee; contribution not required from nonliable employer
  Where compensation is payable under this article, the only employer liable, if any, shall be the employer in whose employment the employee was last exposed...
• Section 25-5-197 Limitation period for claims or actions for compensation
  In case of occupational exposure to radiation, as defined in this article, or of injury or disability resulting therefrom, all claims for compensation shall be...
• Section 25-5-198 Rights and remedies as to exposures to hazards of radiation occurring prior to September 7, 1967
  All exposures of the employee occurring prior to September 7, 1967, to the hazards of radiation while in the employ of the employer shall be...
• Section 25-5-199 Computation of compensation and benefits payable under article
  The compensation payable for death or disability caused by occupational exposure to radiation shall be computed in the same manner and in the same amounts...
• Section 25-5-200 Presumptions and burden of proof as to right to compensation
  There shall be no presumption that disablement or death from any cause or infirmity is the result of occupational exposure to radiation, nor that occupational...
• Section 25-5-201 Settlements between parties; determination of disputed compensation claims
  The interested parties shall have the right to settle all matters of compensation and all questions arising under this article between themselves in accordance with...
• Section 25-5-203 Applicability of other provisions of chapter to article
  All of the provisions of Articles 1, 2, 3, and 8 of this chapter, except Section 25-5-78, shall be applicable to this article, unless otherwise...
• Section 25-5-202 Applicability of article
  The provisions of this article shall apply to all cases of occupational exposure to radiation, or injury, disability, or death therefrom, in which the last...
• Article 8 Offenses and Penalties.
• Section 25-5-226 Solicitation of employment or acceptance of solicited employment by attorneys
  Any attorney who in person solicits employment to collect for a consideration any claim of any employee for compensation under this chapter, or who solicits...
• Section 25-5-227 Solicitation of claims or representation of claimants by persons not authorized to practice law
  Any person who is not authorized by law to practice the profession of law within this state, who solicits for a consideration or traffics in...
• Section 25-5-229 Solicitation or writing of workers' compensation insurance by insurance companies, etc., not in compliance with Code
  Any insurance corporation, organization or association, or any officer, employee or agent of such insurance corporation, organization or association who solicits or writes any workers'...
• Section 25-5-231 Acceptance of assignment of employee compensation claim, etc
  Any person, other than a beneficiary under this chapter, who for a consideration takes or accepts from an employee an assignment of his claim or...
• Article 9 Alabama Workmen's Compensation Self-Insurers Guaranty Association.
• Section 25-5-250 Creation; purpose; powers
  There is created a nonprofit corporation to be known as the "Alabama Workmen's Compensation Self-Insurers Guaranty Association, Incorporated," hereinafter referred to as "the association." The...
• Section 25-5-251 Membership requirements
  (a) All employers who elect to be self-insurers for workers' compensation as provided in Article 1, other than self-insurers which are governmental entities, or public...
• Section 25-5-252 Board of directors; eligibility; length of term; vacancies; reimbursement; registered agent
  The affairs of the association shall be managed by a board of directors which shall consist of nine persons appointed by the Secretary of the...
• Section 25-5-253 Bylaws
  (a) Within 120 days after their appointment, the board of directors shall propose to the Secretary of the Department of Labor a set of bylaws...
• Section 25-5-254 Annual assessments for administration of association
  (a) To the extent necessary to secure funds for the payment of covered claims and costs of administration, the association may levy annual assessments on...
• Section 25-5-255 Insolvency fund
  Upon receipt of the funds assessed on members, the association may set aside funds for the administration of its affairs, and the balance of the...
• Section 25-5-256 Association subject to examination and regulation by Department of Labor
  The association shall be subject to examination and regulation by the Department of Labor. No later than March 30 of each year, the board of...
• Section 25-5-257 Assessments deductible as business expenses
  A member may deduct as a business expense for state income tax purposes any assessment levied under Section 25-5-254 in the year such assessments are
• Article 10 Insurance with Optional Deductibles.
• Section 25-5-270 Certain employers authorized to purchase insurance with optional deductibles
  (a) Each insurer issuing a policy under this article shall offer, as a part of the policy or as an optional endorsement to the policy,...
• Section 25-5-271 Optional deductibles to be offered in policy; exception
  Optional deductibles shall be offered in each policy insuring liability for workers' compensation that is issued, delivered, issued for delivery, or renewed under this article...
• Section 25-5-272 Premium reduction to be determined before application of experience modification, premium surcharge, etc
  Premium reduction for deductibles shall be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's...
• Section 25-5-273 Applicability
  This article shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established...
• Article 11 Ombudsman Program.
• Section 25-5-290 Ombudsman program, creation; purpose; members; notification of service; benefit review conferences
  (a) The Department of Industrial Relations shall establish an Ombudsman Program to assist injured or disabled employees, persons claiming death benefits, employers, and other persons...
• Section 25-5-291 Benefit review conferences
  A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to: (1) Explain, orally and in writing, the rights of the respective parties...
• Section 25-5-292 Resolution of disputes, settlement agreements; written reports; interlocutory orders; final determinations of liability
  (a) A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of...
• Section 25-5-293 Duties of secretary; continuing education, accounting; recovery of expenses; advisory committees; legislative intent regarding reimbursements
  (a) The Secretary of the Department of Labor may prescribe rules and regulations for the purpose of conducting continuing education seminars for all personnel associated...
• Section 25-5-294 Communications, etc. privileged; documentation; release of records or information; penalty for obtaining information under false pretenses
  (a) All letters, reports, communications, and other matters, written or oral, from employer or employee to each other, to the Secretary of the Department of...
• Article 12 Workers' Compensation Medical Services Board.
• Section 25-5-310 Definitions
  For the purposes of this article the following words and phrases have the following meanings: (1) BOARD. The Workers' Compensation Medical Services Board. (2) MEDICAL...
• Section 25-5-311 Workers' Compensation Medical Services Board; creation, members, functions
  There is established a Workers' Compensation Medical Services Board composed of five physicians licensed to practice medicine in the State of Alabama who shall be...
• Section 25-5-312 Powers and duties of the board
  The board shall exercise general supervision in all matters related to the provision of medical services provided by physicians, as defined in Section 25-5-310, rendered...
• Section 25-5-313 Schedule of maximum fees
  Within 60 days from May 19, 1992, the Workers' Compensation Medical Services Board shall submit to the Governor an initial schedule of maximum fees for...
• Section 25-5-314 Contracts for medical services at mutually agreed rates
  Notwithstanding any other provisions of this article to the contrary, any employer, workers' compensation insurance carrier, self-insured employer, or group fund, may contract with physicians,...
• Section 25-5-315 Immunity from liability
  The Workers' Compensation Medical Services Board, the individual members thereof, the agents, servants, employees, consultants, or attorneys of the board, and any person, firm, or...
• Section 25-5-316 Workers' Compensation Administrative Trust Fund; creation; management; trustee and custodian; assessments; penalties
  (a) There is established in the State Treasury a fund entitled the Workers' Compensation Administrative Trust Fund, into which shall be deposited certain assessments provided...
• Section 25-5-317 Assessment of pro rata share; disposition of unexpended balance
  (a) Within 60 days after May 19, 1992, the Secretary of the Department of Labor shall assess each insurance carrier, self-insured employer, and group fund...
• Section 25-5-318 One-time discount to small employers
  (a) For purposes of this article, "small employer" means an employer who is not experienced-rated for workers' compensation insurance purposes and whose annual workers' compensation...
• Article 13 Drug-free Workplace Program.
• Section 25-5-330 Legislative intent
  It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their...
• Section 25-5-331 Definitions
  As used in this article, the following words and terms shall have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits...
• Section 25-5-332 Premium discount where drug-free workplace program implemented
  (a) If an employer implements a drug-free workplace program substantially in accordance with this article, the employer shall qualify for certification for a five percent...
• Section 25-5-333 Elements of program
  (a) A drug-free workplace program shall contain all the following elements: (1) A written policy statement as provided in Section 25-5-334. (2) Substance abuse testing...
• Section 25-5-334 Notice of testing; written policy statement
  (a) One time only, prior to testing, all employees and job applicants for employment shall be given a notice of testing. In addition, all employees...
• Section 25-5-335 Types of tests; procedures for specimen collection and testing; laboratory; confirmation of tests
  (a) An employer is required to conduct the following types of tests in order to qualify for the workers' compensation insurance premium discounts provided under...
• Section 25-5-336 Employee assistance program or resource file of employee assistance providers
  (a) If an employer has an employee assistance program, the employer shall inform the employee of the benefits and services of the employee assistance program....
• Section 25-5-337 Semiannual education program; supervisor training
  (a) An employer shall provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. An...
• Section 25-5-338 Construction of article
  (a) No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a...
• Section 25-5-339 Confidentiality of information
  (a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential...
• Section 25-5-340 Department of Labor to perform administrative duties for certification of employers
  The Department of Labor, Workers' Compensation Division, shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain...

Last modified: May 3, 2021