Are you unclear about what OSHA requires and prohibits in post-accident drug testing under its recent electronic recordkeeping rule? You’re not alone.
In October of 2016, OSHA released a memo that sought to provide further guidance on the basic principles of the anti-retaliation requirements in more detail. But, because much of the new interpretation is very fluid, safety managers need to take a close look at their existing post-accident drug testing programs to certify they are in full compliance of the new rules and new interpretations.
Although the rule doesn’t ban drug testing, it does require employers to only conduct post-accident drug testing if there is a reasonable possibility that drugs contributed to the reported illness or injury.
What happens if other federal or state laws, or worker’s compensation programs, require post-accident drug testing? How does an employer determine a “reasonable basis?” The anti-retaliation provisions have created a variety of questions for the regulated community.
Join us when Nickole Winnett from Jackson Lewis P.C. will explain how to interpret these amended requirements so you can ensure your company does not have exposure to potential anti-retaliation findings.You’ll learn how to:
About Your Presenter:
- Assess the specific post-incident drug and alcohol testing program requirements as they apply to your organization
- Review the key directives addressed in OSHA’s October 2016 memorandum that addresses post-incident drug and alcohol testing expectations relative to your existing programs
- Consider recent OSHA violation activity relative to post-incident drug and alcohol testing program
- Assess your existing post-incident drug and alcohol testing program components to assure they are fully compliant with OSHA interpretations and directives
- Review recommended approaches for a compliant post-incident drug and alcohol testing program
- And more!
Principle in the Washington, D.C. Region office
Jackson Lewis P.C.
Nickole Winnett is a Principle in the Washington, D.C. Region Office of Jackson Lewis P.C. and is a member of the Workplace Safety and Health practice group and Employment Litigation practice group. Ms. Winnett is co-author of Jackson Lewis’ OSHA Law Blog and is an avid speaker and writer on employment law and safety and health matters.