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Will
OSHA Limit Your Drug Testing Program?
The new Occupational Safety and Health Administration rule restricting when employers can require workers to
take drug tests following accidents and injuries is raising questions on
how the agency developed the regulation and how testing programs are
administered. The drug-testing restrictions are part of OSHA's electronic
record-keeping and incentive rule issued May 12.
While the rule makes no mention of drug testing, the rule does make it an
OSHA violation to have programs discouraging workers from reporting
injuries to supervisors. In OSHA's explanation of the rule, the agency says
that if a drug testing program may convince some workers not to tell their
bosses about injuries, then the drug testing program could violate the
rule. “Although drug testing of employees may be a reasonable workplace
policy in some situations,” OSHA says, “it is often perceived as an
invasion of privacy.”
The explanation continues that “if an injury or illness is very unlikely to
have been caused by employee drug use, or if the method of drug testing
does not identify impairment but only use at some time in the recent past,
requiring the employee to be drug tested may inappropriately deter
reporting.” When employers do have broad testing programs, it often is
because testing is part a worker's compensation program or required by law,
such as investigating transportation accidents. OSHA's explanation of the
rule allows for testing if the program is needed to comply with laws or
regulations and workers compensation requirements. Click here to read more.
OCA Winter Conference Location
and Date Change
The Hilton at Easton will be
undergoing major renovations this December. As a result, we need to change
the location and date of our OCA Winter Conference. The winter conference
will be held at the Hyatt Regency in downtown Columbus, and the dates are December 12 and 13 (exhibitors
December 12 only). The Hyatt is a very nice location. The neighboring area
has been rejuvenated over the past several years, with trendy restaurants
and shopping within walking distance. Contact Rachel Sirca with questions.
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