Different trade releases and delays have been in the news concerning OSHA Regulations but the one with the most implications on Workplace Drug Policies has taken begun. One OSHA article sites Jan 1 2017 as the effective date which appears they are giving until the beginning of January for companies to adjust their practices, if needed.
On December 1, 2016 OSHA’s new rule, Improve Tracking of Workplace Injuries and Illness, went into effect. As part of this rule, OSHA addresses post-accident drug testing in Section 1904.35(B)(1)(IV). Per OSHA’s interpretation, “drug-testing policies should limit post-accident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use (at the time of the injury or illness). As an example, OSHA points out that it would not be reasonable to drug test an employee who reports an allergic reaction to a bee sting.”
*Please see EHS Today article below for continuation of this text.
National Law review article: http://www.natlawreview.com/article/osha-anti-retaliation-injunction-denied
OSHA Final Rule: https://www.osha.gov/recordkeeping/finalrule/