Last updated: May 13, 2024
On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register called “Improve Tracking of Workplace Injuries and Illnesses.” The rule requires certain employers to electronically submit injury and illness data in an effort to better track, analyze, and glean insights into workplace safety.
One of the concerns is how will it impact post-accident drug and alcohol testing. According to the Drug and Alcohol Testing Law Advisor, the final rule states that “blanket post-injury drug testing policies deter proper reporting.” Moreover, OSHA suggests that post-accident testing could discourage employees from reporting work-related injuries or illnesses for fear of retaliation.
** Note ** The Advisor goes on to indicate that “The OSHA rule has no impact on post-accident testing mandated by federal regulations or permitted by state workers’ compensation laws (e.g., premium reduction laws).”
What does this mean for Tennessee businesses?
- Good news is that Tennessee has a Drug Free Workplace program that provides premium reductions and this new ruling will not have an impact on companies who voluntarily participate in this program. However, you need to make sure you are in compliance and if you’re not an active participant, this would be a good time to reconsider. (USAMDT Nashville can assist with implementing or reviewing your program)
- Consistency is most important when doing post-accident testing. Review your policy and focus on the comprehensive post-accident testing policy language (i.e. do you or do you not test for alcohol on post-accident)
- Tie post-accident testing to situations where an employee caused or contributed to the accident and caused property damage
- Impose time limits for conducting a drug or alcohol test following an accident (We recommend following DOT & Federal testing guidelines)
- Consider random testing to validate your commitment to being a Drug Free Workplace. This is the best deterrent to drug abuse and you will be better protected against any retaliation claims
The effective date of the rule is 90 days after it is published to the Federal Rule, or August 10, 2016. Many questions will begin to arise regarding this new rule and OSHA is expected to provide additional guidance.
If you have any questions, USA Mobile Drug Testing of Nashville offers free consultation for drug and alcohol testing programs.