So….you developed a comprehensive drug and alcohol program, had HR look it over and even sent it to your attorney for review. Are you meeting all compliance regulations? Well, you thought you were until OSHA decided to change the game slightly. OSHA, within its new electronic record keeping rule, has added language that targets company wide post-accident drug/alcohol testing. Simply, OSHA has come out to say that if a person is injured and drug use or alcohol use could not have contributed to the cause, then the injured employee should not be tested for being under the influence.
This new rule has been delayed until December 1, 2016 in order for the courts to come to a decision, as many companies and leading industry agencies have filed lawsuits against OSHA. Please see an excellent article from Ogletree Deakins about this new proposed regulation.
The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining “in more detail” two provisions added to the recordkeeping regulation: Section 1904.35(b)(1)(i) requiring “employers to have a reasonable procedure for employees to report work-related injuries and illnesses”; and Section 1904.35(b)(1)(iv) prohibiting retaliation for reporting work-related injuries and illnesses. As we have previously reported, OSHA identified post-accident drug testing and safety incentive plans as programs that may result in impermissible retaliation against employees who report injuries when the amendments to the recordkeeping regulation were issued on May 12, 2016.
Source: Industry News
