In 2016, federal OSHA called into question many common workplace drug testing policies that contain post-accident testing provisions, characterizing them as a form of unlawful retaliation. A recent OSHA Standard Interpretation has clarified the final rule and expressly permitted a range of drug-testing policies and practices. We will discuss OSHA’s clarified position and various drug testing laws and provide practical advice for employers with regard to:
- Post-accident/incident drug testing
- Random drug testing
- Drug testing required by federal DOT agencies
The OSHA Standard Interpretation also abruptly reversed course on safety incentive programs, which we will discuss. If time permits, we also will provide a brief update on recreational and medical marijuana laws and related trends.
If you have any questions, please contact Cassie Peterson at email@example.com and reference this event.