(b) Notwithstanding division (a), if an employee who has successfully completed rehabilitation is medically disqualified, the employer is not required to reinstate the employee or find suitable work for the employee during the period of disqualification. The employer is not required to compensate the employee during the period of disqualification. Immediately after the employee's medical disqualification ceases, the employer's obligations under division (a) attach as if the employee had successfully completed rehabilitation on that date.

SUMMARY

The bill:

1. Allows for post-accident testing when death, serious injury or substantial property damage has occurred, separate and apart from probable cause or random testing;

2. Permits the employer to require, request or suggest subsequent follow-up testing of an employee returning to work during the 18 months after the date of the employee's return to work;

3. Allows for point-of-collection screening tests of employees. Confirmation of positive tests would still be required in the existing manner;

4. Amends the exclusion of a single work-related accident as probable cause for testing when circumstances surrounding a single work-related accident may give rise to probable cause to test, even if the harm from the accident is not so severe as to warrant general post-accident testing;

5. Sets reasonable limits on the currently open-ended shifting of uninsured treatment or rehabilitation costs, based on an employee's length of service and incorporates changes