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Post-Accident Drug Testing: How To Avoid Retaliation Claims Under OSHA

Webinar: ID# 1034497
Live on 12/18/2018 from 1:30 pm EST till 3:00 pm EST or via On-Demand
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About This Course:
Safety and HR managers take note: OSHA’s latest proposed rule on electronic recordkeeping, which seeks to eliminate the requirement for large establishments to submit 300 logs and 301 forms, does not change any of the anti-retaliation provisions affecting post-accident drug testing.

And, with drug use in the workplace being more of a problem for employers than ever before, the legal risks are high for employers. While a drug-free workplace is a safer workplace, certain post-accident drug testing programs can attract scrutiny from OSHA, leading to costly citations. A new October 2018 memo from OSHA refines the agency’s position, and the takeaway is clear: post-accident drug testing must contribute to root cause analysis in order to be permissible, and it must be applied consistently.

The combination of increased attention to the impact of substance abuse throughout our society and in the workplace, the effects of marijuana legalization in many states on employment policies and employer drug testing programs, and OSHA’s critical stance regarding blanket post-incident testing policies make it critical for employers to assess their substance abuse and drug testing policies and programs in light of a changing legal environment.

Join us when Gary Visscher, a skilled attorney with extensive experience in health and safety law and policy, will explain your organization’s compliance obligations concerning post-accident drug testing, and how you can avoid costly retaliation claims.What You'll Learn:
  • Understand how and why OSHA’s injury and illness recordkeeping rule affects post-accident drug and alcohol testing programs
  • Identify the circumstances OSHA when may consider drug and alcohol testing to violate antiretaliation provisions of the recordkeeping rule
  • Learn how compliance with other drug testing laws may intersect with OSHA’s limitations on post incident tests
  • Be able to determine when an employer has a reasonable basis to test employees after an incident
  • Effectively assess your existing drug or alcohol testing program to ensure that it’s compliant
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Post-Accident Drug Testing: How To Avoid Retaliation Claims Under OSHA
Available Live on 12/18/2018 or On-Demand format
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