INTOXICATION AT WORK IS CAUSE FOR REMOVAL

On April 10, the Missouri Senate gave first round approval to Senate Bill
1005, sponsored by Sen. John Loudon, R-Ballwin. SB 1005 declares the use of
illegal drugs or excessive use of alcohol (blood alcohol content greater
than .08) in the workplace to be misconduct connected with work.

Recent court rulings have conflicted on whether testing positive for
illegal drugs is considered misconduct and unemployment benefits can
thereby be denied.

The Southern District Court of Appeals ruled that use of illegal drugs in
violation of an employer's policy is misconduct. The Eastern District Court
in St. Louis, however, ruled that an employer must show job performance has
been affected by the drug use before unemployment benefits can be denied.
The Eastern District Court ruling is an invitation for disaster.

SB 1005 would clarify that testing positive for an illegal drug or testing
above .08 blood alcohol content while on the job is deemed misconduct. The
Missouri Department of Labor would thereby be obligated to disqualify the
individual from collecting unemployment benefits, unless that individual
could demonstrate the drug was consumed pursuant to a lawful prescription
from a physician.

Data provided by the Missouri Department of Labor indicates the state paid
nearly $4 million to employees discharged for use of illegal drugs in 2000.
The Missouri Department of Labor dismisses this amount of money as
"insignificant" in the overall operation of the unemployment trust fund.
Associated Industries of Missouri believes, whether it is $10 or $10
million, any state money paid to illegal drug users is too much.

A vote on final passage of SB 1005 could come in the next few days. Please
contact your senator and urge their support for this bill.

Jim Kistler, interim president, Associated Industries of Missouri