OSHA final rule impacting workplace post-accident drug testing is cleared for implementation and enforcement on 12/1/2016.
A judge for the Northern District of Texas denied the petition for a preliminary injunction to stay OSHA’s implementation and enforcement of provisions In 29 CFR Part 1904.35 that prohibit employers from programs and practices that deter and discourage employees’ reporting of work-related injuries and/or retaliate against workers who report such injuries.
Post-accident drug and alcohol testing programs for which there is no objectively reasonable basis, particularly ones with “blanket” policies that require post-accident drug/alcohol testing when an employee sustains a work-related injury and there is little or no possibility that drug/alcohol use by the employee could have impacted the injury event, are prohibited.
All employers should examine their current post-accident testing policy, program and procedures. The limitations do not apply to testing mandated by DOT or other federal regulations or to testing that conforms to State laws or regulations (mandatory or voluntary) applicable to workplace post-accident testing.
How can WFQA help?
WorkforceQA conducted a webinar on this topic November 17 and the recording of the session is available HERE. Also available is the published guidance and interpretations of the provisions of the OSHA rule.
WorkforceQA’s Compliance Services can assist clients with policy review and revisions. Please CONTACT US for further information and a cost estimate.