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ARTICLE · 09 DECEMBER 2016

OSHA Clarifies Limits On Post-Accident Drug Testing/Safety Incentive Programs

Ogletree, Deakins, Nash, Smoak & Stewart
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The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining "in more detail" two provisions added to the recordkeeping regulation.

United StatesEmployment and HR
Melissa Bailey
Melissa Bailey
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The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining "in more detail" two provisions added to the recordkeeping regulation: Section 1904.35(b) (1)(i) requiring "employers to have a reasonable procedure for employees to report work-related injuries and illnesses"; and Section 1904.35(b)(1)(iv) prohibiting retaliation for reporting work-related injuries and illnesses.

"Reasonable" Reporting

Section 1904.35(b)(1)(i) requires employers to implement a "reasonable" system for employees to use in reporting work-related injuries and illnesses. The guidance adds little to the explanation included when OSHA issued the original amendments to the recordkeeping regulation. OSHA reiterates that employers must give employees a "reasonable timeframe after the employee has realized that he or she has suffered a recordable work-related injury or illness and in a reasonable manner." A procedure requiring employees to report "as soon as

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