Post-Incident Drug Testing May Be Retaliation

On August 10, 2016, the anti-retaliation rules relating to the tracking and reporting of workplace injuries and illnesses come into effect.  While much of the focus in complying with these new rules has been on the Electronic Reporting Requirement, it is important to note that employer policies requiring post-incident drug testing may now be considered retaliatory under these new regulations. 

The provisions contained in 29 CFR 1904.35 will now require that employers develop an accident/injury reporting method that is reasonable and does not deter or discourage employees from reporting. The regulation also prohibits employers from retaliating against employees for reporting work-related injuries.