Did you Know? OSHA and mandatory drug testing
In a recent interpretation, OSHA has determined that mandatory drug testing of employees that have been involved in a work-related incident may violate the law as it acts as a deterrent for reporting, unless, there is a “reasonable suspicion” that drug or alcohol use may have been the cause of the incident, where drug testing can accurately identify impairment caused by drug use.
Within that same interpretation, OSHA ruled incentive programs to reduce injuries may also deter reporting. An example would be if an employer offered gift cards to their employees if they went injury-free for a given period of time. This program can be construed as a deterrent for reporting so employees could receive their gift cards.
So what do you need to do?
- Review your drug testing policy, especially for post-incident testing.
- Remove any blanket testing requirements for post-incident testing and make certain testing occurs only when there is a “reasonable suspicion” of drug or alcohol use may have contributed to the incident.
- Provide post-incident “reasonable suspicion” training for your supervisors and managers.
If you would like to discuss this issue further, or if we could provide assistance with “reasonable suspicion” training, please let me know.