Jan 2, 2019

OSHA Clarifies When Post-Accident Drug and Alcohol Testing is Permitted

Drug and Alcohol Testing

In an October 11, 2018 memorandum to Regional Administrators, OSHA clarified that 29 C.F.R. § 1904.35(b)(1)(iv), which prohibits employers from retaliating against employees for reporting work-related injuries or illnesses, does not prohibit post-incident drug testing. When the 2016 rule was originally promulgated, OSHA took the position that employers could not use “drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses.” Instead, employers were limited to using drug testing only when there was a “reasonable possibility” that drugs or alcohol contributed to the workplace accident or injury. Under its… Read more


Jan 24, 2017

Is Your Company’s Drug Testing Policy Compliant with OSHA’s New Rules?

Drug Test

Authored by Darren Rowles and Scott Cahalan Occupational Safety & Health Administration (“OSHA”) requires that employers inform employees about how to report occupational injuries and illnesses.[1]  OSHA recently updated its rules to clarify that the reporting method required by employers must include (1) a “reasonable procedure” for employees to report work-related injuries and illnesses, and (2) not discriminate or retaliate against employees who report such injuries or illnesses.[2] A procedure is unreasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.[3] OSHA’s rationale for the new rules is to encourage employees to… Read more