Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule's increased reporting requirements and the imminent public posting of injury information to the agency's website. But the agency also indicated that, once the Rule becomes effective, it could be considered a violation of the law for employers to automatically conduct post-accident drug testing of injured employees.

Because many employers have mandatory post-accident drug-testing systems in place, this interpretation has resulted in a lot of speculation and justifiable criticism. While there is a chance that portions of the Rule might be shelved before its effective date, employers would be wise to prepare for a new reality which could come as early as later this year.