Under the measure, workers who refuse to take the test or fail it would have to prove that alcohol or other drugs were not the cause of their injury.

In 2002, the Ohio Supreme Court overturned a similar 2001 law, saying it violates protections against "unreasonable searches." The decision returned the burden of proof to employers when trying to deny workers'-compensation benefits.

Rep. Bob Gibbs (R-Lakeville), sponsor of the bill, said the new measure addresses the court's concerns by including "probable cause" language.

If the bill passes, it may receive the backing of the court because a member of the majority has retired and the court has a new balance of power.

Editor's Note: To weigh in on this proposal -- especially if you are from Ohio -- contact the Ohio State Legislature at www.legislature.state.oh.us or via the Join Together Legislative Action Center.

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