The only way an employer can avoid paying the claim in a situation like this is to prove that the accident was a result of the employee being impaired by drugs or alcohol. Often it is less expensive for an employer to pay a claim than to fight it in court. AB 975 would correct this problem by shifting the burden of proving fault of a workplace injury from the employer to the employee when the employee was under the influence of illegal drugs or alcohol when the injury occurred. When an employee arrives at work drunk or on drugs, that person not only jeopardizes their own safety, but the safety of their co-workers. Employers should not be required to pay benefits to people who injure themselves because of their own irresponsibility.
Workers can easily reduce the chance of an accident by arriving at work sober.
AB 975 would save employers throughout the state hundreds of thousands of dollars in lower premiums and reduced court costs. Present law punishes business and encourages irresponsibility. Our law should work with businesses by protecting them against irresponsible workers. The second measure that would benefit the oil industry is my Assembly Bill 605, a measure that would require state agencies to provide the public with all documentation used to determine the need for listing a species as endangered or threatened. Additions to the endangered or threatened species list could have catastrophic effects on the oil industry.