DRUG TESTING
Under the new rules, here are guidelines regarding testing: • Drug testing may “dissuade a reasonable employee from reporting a work- related injury” because of “invasion of privacy.”
• Post-injury drug-testing may not be a form of discipline. • OSHA prohibits “blanket post-injury drug testing policies.” • OSHA permits the following drug testing: o Pre-employment. o Random. o To comply with state or federal law (e.g., DOT mandatory post-accident test).
OSHA states employers may implement policies that require employees to report a work-related injury or illness “as soon as practicable after realizing they have the kind of injury or illness they are required to report.”
employees for failing to report an injury before they realize they have a (reportable) work-related injury or illness, or when they are incapaci- tated. Ultimately, the key inquiry is whether the employer’s policy pro- vides some amount of time to report after the employee has realized he
o When required by insurer (including premium reduction policies for post-accident drug testing).
o Post-accident when likely contributed and test can identify impairment.
or she suffered a reportable work- related injury or illness.
Discipline and Retaliation for Reporting Injuries
T e new rule also added a provi-
sion to prohibit retaliation against an employee for reporting a work-
related injury or illness—a prohibi- tion already explicit in Section 11(c) of the OSH Act. While neither the preamble nor the regulatory text off ered any clear sense of precisely what type of polices would be consid- ered “retaliatory,” OSHA did restate a position it has held for years, which is
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www.wheelabratorgroup.com March 2017 MODERN CASTING | 43
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