Kansas lawmakers have proposed a bill that would remove marijuana from the state list of drug addicts and eliminate the crucial assumption that injured workers who test positive for certain levels of drugs after an injury are not entitled to workers' compensation.
H.B. 2040 would create a rebuttable assumption that an injured worker who tests positive for an alcohol concentration greater than 0.04 or drugs such as cocaine, opiates or methamphetamines is not entitled to worker companionship. The bill would also remove marijuana and tetrahydrocannabinol from the list of drugs included in the list of disabilities.
State legislators also introduced H.B. 2016, which would replace current legislation to consider a workplace accident as compensated if the accident was a "significant" factor in causing the injury. At present, the law states that an accident can be compensated if it was the "prevailing" factor for causing the injury.
If they were signed into law, the bills would enter into force immediately after they were published in the state statutes.