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OSHA’s New Rule Limits Post-Accident Screening

(Summer 2016) On May 12, 2016, the mandates for reporting workplace accidents and illnesses to the Occupational Safety and Health Administration (OSHA) changed. This is the date OSHA unveiled its final rule on electronic reporting of these incidents. By August 10, 2016, employers will need to outline procedures for employees to file reports on work-related illnesses and injuries in a timely and accurate manner.

Under the new reporting policy, employee guidelines that either request or require drug/alcohol testing after an accident will be watched more closely, as OSHA believes post-incident screening may delay injury reporting. In fact, OSHA’s new rule will force employers with post-incident or accident drug screening policies to provide the reasoning behind each decision to test based on conditions of the individual situation.

The concerns of this commentary have no impact on post-accident testing mandated by federal regulations (e.g., Department of Transportation) or directed by state workers’ compensation laws (e.g., premium reduction laws such as Ohio’s Drug-Free Safety Program or HB 80 requirements).

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