You would have to ask a lawyer that specializes in corporate ass-covering. I'm more interested in practical solutions that result in actual safety improvements.
I am not even aware of any jury trial that has decided on the impact of random drug screenings. As far as I am aware, most claims relating to workplace injuries are settled long before the jury pool is even tapped, and many of the remainder are settled before the jury gets a chance to reach a decision. So I think the question you should be asking is if it is likely that any actuary would be willing to analyze the experimental data from such a program, to adjust their company's insurance premiums for anyone using similar software.
If a correlation can be shown, the premiums would be discounted. Actuaries are better with the math than juries are, after all.
A labor union or government regulator could possibly demand such a system in lieu of random drug tests, but your average company does not have enough commitment to worker safety--for its own sake, rather than for its impact on their worker compensation insurance premiums--to experiment in this fashion. They would need a reason that increases revenue or cuts costs.
I am not even aware of any jury trial that has decided on the impact of random drug screenings. As far as I am aware, most claims relating to workplace injuries are settled long before the jury pool is even tapped, and many of the remainder are settled before the jury gets a chance to reach a decision. So I think the question you should be asking is if it is likely that any actuary would be willing to analyze the experimental data from such a program, to adjust their company's insurance premiums for anyone using similar software.
If a correlation can be shown, the premiums would be discounted. Actuaries are better with the math than juries are, after all.
A labor union or government regulator could possibly demand such a system in lieu of random drug tests, but your average company does not have enough commitment to worker safety--for its own sake, rather than for its impact on their worker compensation insurance premiums--to experiment in this fashion. They would need a reason that increases revenue or cuts costs.