Though Simon followed all safety protocols, he was injured at work because a machine was not properly guarded. Even though there
is not reasonable belief that drug use contributed to the employees injury, his employer requieres him to take a drug test after he reported the injury. Did the employer misuse a drug testing program against Simon for reporting an injury?
If there is no evidence that Simon used drugs, it would not be necessary for Simon to perform the drug test. The employer abused a drug testing program against Simon for reporting an injury to cover up his failure to properly maintain machines that prevented malfunctions from causing employee accidents. In short, Simon's employer is trying to get rid of the blame and trying to blame it on Simon.
