The new rule is final and in effect being enforced as of December 1, 2016. Though the text of the final rule entitled Improve Tracking of Workplace Injuries and Illnesses; does not specifically address mandatory post-accident drug and alcohol testing, OSHA’s commentary accompanying the final rules specifies that the agency views mandatory or blanket post-accident Read more »
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Massuchetts Policy on Marijuana and Drug Testing
The Massachusetts Act for the Humanitarian Medical Use of Marijuana (Medical Marijuana Law), became effective on January 1, 2013. There is nothing in the Medical Marijuana Law that prevents employers from prohibiting employees from working while under the influence of marijuana. On November 8, 2016, Massachusetts citizens voted in favor of legalizing the possession and Read more »
New Update on OSHA and Post Accident Testing – October 25, 2016
Re: OSHA Final Rule – 1904.35(b)(1)(i) and (iv) The drug testing industry and employers alike have suffered anxiety lately over the recent OSHA claims prohibiting post-accident drug testing. The recent OSHA ruling has a goal to improve tracking of workplace injuries and illnesses and to preserve employee’s right to report injuries and illnesses free from Read more »
Time limit on Reasonable Suspicion Drug Testing
Is there a time limit on reasonable suspicion drug testing? There is a common misconception that post-accident and reasonable suspicion testing have the same timeframes and time limits; however, they do not. Whereas all post-accident drug testing is to be conducted within 32 hours of the accident, there is no similar time frame or time Read more »
Update on OSHA – Post Accident Drug Testing – September 3, 2016
If you have 11 employees or more you are subject to OSHA’s new Electronic Recordkeeping Rule, which includes provisions which indicate an employer should not have a blanket post accident testing policy. The effective date of the Rule was supposed to be August 1, 2016. On July 13, OSHA extended the Rule’s effective date from Read more »
Employers need a written testing plan
§40.311 What actions should be taken if the Substance Abuse Professional’s (SAPs) follow-up testing plan is not written or distributed to employer? The employer should request the written follow-up testing plan from the SAP. Employer does not carry out specifics of follow-up testing plan. The employer must establish a process to ensure the follow-up testing Read more »
Limitations of a TPA when dealing with DOT Follow-Up Testing
Can a TPA provide DOT follow-up testing schedules to an employer? No, as per § 40.355 – What limitations apply to the activities of service agents? Except as provided in paragraph (h) of this section, you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. These Read more »
Putting your employee back to work after failing a drug test
§ 40.305 How does the return-to-duty process conclude? (a) As the employer, if you decide that you want to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully Read more »