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OSHA Post-Accident Testing in The Workplace

Learn about OSHA regulations on post-accident drug testing and how to comply with the new guidelines. Understand the impact of drug-free workplace policies and the importance of proper protocols and teamwork.

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OSHA Post-Accident Testing in The Workplace

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  1. OSHA Post-Accident Testing in The Workplace Presented by Sharee Earl, HR/Safety Director for Spectrum Environmental Services, Inc.

  2. OSHA – Retaliatory Discharge 29 CFR 1904.35(b)(1)(iv) • Prohibits employers from retaliating against employees for reporting workplace injuries & illnesses. • Drug testing of employees is not prohibited but employers may not use drug testing as a deterrent for reporting an injury. • Requires employers to ensure a reasonable basis for drug testing, i.e. the employee drug use has likely to have contributed to the incident / accident.

  3. OSHA – New Regulation, Drug Testing & Employee Training • New regulation requires all employees to be trained on drug testing requirements. • Employees must be informed of their right to report work-related injuries and illnesses, free from retaliation. • Employers can fulfill this obligation by posting – “Job Safety and Health – It’s The Law” poster. • Employers need to make the policy clear in their employee handbooks and in new employee orientation materials – Employees have the right to report workplace injuries.

  4. Human Resources & Safety – Working Together To ensure proper protocol is followed in complying with the new rule, Human Resources and Safety must work together: • Accident investigations must be thorough to include the root cause contributing to the incident. • When drug use is determined to be a potential contributor to the incident, then a drug test is warranted. • Examples of incidents where the root cause could most likely not have been drug use would be a bee sting or repetitive strain injury.

  5. Alabama Drug Free Workplace Program Code of Alabama, 1975, Sections 25-5-330 through 25-5-340 5% Discount on Workers’ Compensation Insurance Premiums Visit website at https://labor.alabama.gov/wc/drugfree.aspx

  6. Americans with Disabilities Act (ADA) of 1990 • Act prohibits all U.S. employers with more than 25 employees from discriminating against job applicants and employees because of a physical disability. • Act does not prohibit employers from having drug-free workplace policies. • Act does not provide any special protection from individuals who are currently using illegal drugs. • Act does protect employees from discrimination for recovering alcoholics and drug users who have already sought treatment for their addiction.

  7. Family Medical Leave Act (FMLA) of 1993 • Act applies to all public agencies and private employers with more than 50 workers. • Eligible employees may use their FMLA leave to deal with substance abuse disorders and related problems for themselves or family member without retaliation from their employers.

  8. Closing – Drug-Free Workplace, Impact Keys to compliance: • Proper Policies & Procedures • Thorough Training Program • Key Department Teamwork With key components in place, complying with the new guidelines should not cause any significant challenge in your workplace.

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