No benefits of any nature shall be payable for any worker injured or killed while in a state of intoxication regardless of whether or not the intoxicated condition was the proximate or contributing cause of the injury or death. It is only necessary to prove that the worker was intoxicated at the time of the incident or accident to deny benefits under this Act. All workers accepting employment with an employer and under this Act, agree to submit to post-incident/post-accident drug and alcohol screening as authorized in the applicable tribal personnel policies, and agree to waive any privilege associated with the results of said tests. Failure to submit to post-incident/post-accident drug and alcohol screening shall be deemed as a positive test result. ONCA 12-76, eff. Oct. 1, 2012; ONCA 15-52, eff. Nov. 6, 2015.