Are you aware that OSHA has published a final set of regulations “Improve Tracking of Workplace Injuries and Illnesses”? OSHA included an announcement of a new drug testing policy requirement, stating in part, that employer drug testing policies should limit post accident (incident) testing to situations in which employee drug use is likely to have contributed to the incident…
Employers are asked to reconsider their approach to post-accident drug testing. The key issues to review:
1. Post accident testing should always be connected to an effort to understand the cause of the accident.
2. Testing should be focused on an employee whose conduct could rationally have been the cause of the accident.
The OSHA policy update does not bar testing. Only that an employer ensure that testing is required only when there is an objectively reasonable basis, to consider whether the employee being tested might have been impaired. Further advising employers to review the likely cause of a workplace accident and to change the focus of required drug and alcohol testing for only those employees whose conduct could be a contributing factor of the accident.
AHEAD Human Resources, Inc. can help you stay in compliance with the ever-changing landscape of federal regulations. Contact us at 1-888-749-1000 or email us at ahr@aheadhr.com for a free consultation.