December 22, 2016

OSHA Workplace Drug Testing

Claims Management
, Legislation

In August, OSHA’s new final rule became effective, amending the requirements for post-accident drug testing. The final rule suggested that blanket post-injury drug testing policies deter proper reporting of injuries.

Some believe employee drug testing after a workplace incident is important for workplace safety and may continue to enforce it. While the new rule does not ban drug testing of employees, it does “prohibit employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses. To strike the appropriate balance here, drug testing policies should limit post-incident 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,” according to the final rule as published by the United States Department of Labor.

Therefore, the final rule requires employers to “strike the appropriate balance” and limit post-incident drug testing to incidents where drug use is likely to have contributed to the incident.

For more information about the final rule, visit OSHA’s website

For more information about state legislation, visit the California page on CorVel’s website. 

To give us your feedback regarding how you plan to act on the new rule, please take our survey.