Drug Testing

News & Analysis as of

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs. The new rules are available for review here, but here’s what you need to know...more

New OSHA Rule Impacts Employer Drug Testing Policies

On May 12, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its new final rule to "Improve Tracking of Workplace Injuries and Illnesses." The new rule is meant to prevent employers from...more

OSHA Delays Effective Date of New Anti-Retaliation Rule

OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for...more

Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner

Employers should note the August 10, 2016, deadline for compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping and reporting rules. Other...more

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...more

OSHA Delays Enforcement of its New Anti-Retaliation Provisions until November 1, 2016

There have been significant developments impacting the portions of OSHA’s new work-related injury and illness rule scheduled to become effective on August 10. As our July 7 alert explained, the new requirements include, among...more

OSHA Delays Enforcement of Injury Reporting Anti-Retaliation Provisions

We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard. Drug testing and safety incentives that OSHA deems to...more

OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed

The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion...more

OSHA Delays Enforcement of Anti-Retaliation Provisions

The Occupational Safety and Health Administration (OSHA) announced on July 13, 2016, that the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, will not be enforced until November...more

OSHA Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date. OSHA announced yesterday that it has...more

The Good News and the Bad News

Which do you want to hear first? Let’s go with the good news. The Occupational Safety and Health Administration announced yesterday that it is delaying enforcement of the anti-retaliation provisions of its new “Reasonable...more

New OSHA Rule Effective Next Month – Are Your Drug-Testing Policies Placing You At Risk?

Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more

New OSHA Rule Requires Employers To Reevaluate Certain Workplace Policies

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports. The new rule expands...more

Employer Groups Sue To Block OSHA’s Drug Testing Provisions

A number of employers and employer groups — including the National Association of Manufacturers and Associated Builders and Contractors, Inc. — filed suit last week in a federal court in Texas seeking to block parts of the...more

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health...more

Does Your Company Have "Reasonable" Procedures for Employee Reporting of Work-Related Injuries and Illnesses Consistent with...

OSHA’s May 12, 2016 final rule revising its recording and reporting regulations received a great deal of publicity, in large part, because of the new requirements beginning in 2017 for some employers to electronically submit...more

OSHA Rulemaking Increases Reporting Obligations

Beginning in 2017, employers will be required to affirmatively submit to OSHA whatever injury/illness information and forms they were already required to compile....more

What Employers Need to Know about OSHA’s New Reporting and Anti-Retaliation Regulations

The Occupational Safety and Health Administration (OSHA) recently implemented new regulations that will impact covered employers beginning on August 10, 2016. Specifically, these new regulations will require electronic...more

New OSHA Rule Could Affect Employers’ Drug Testing and Safety Incentives

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related...more

OSHA's Policy Mandates for ALL Employers Require Compliance by August 10, 2016

Last month, we published an article explaining the amendments to the recordkeeping requirements issued by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) regarding new mandatory electronic...more

OSHA's New Injury Reporting Standards and the Post-Accident Protocols All Employers Will Want to Re-examine

Employees may feel more secure in reporting injuries after a newly issued rule by the Occupational Safety and Health Administration (OSHA), but many employers will find previously compliant protocols are now vulnerable to...more

Don’t Panic! Employers Should Be Able To Continue Most Post-Accident Drug Tests Under OSHA’s New “Reasonable Reporting Procedure”...

As we reported in our May 13, 2016, OSHA Update, on August 10, the Occupational Safety and Health Administration will begin enforcing its new regulation requiring employers (1) to have a “reasonable procedure” for employees...more

New OSHA Reporting Rule

The Occupational Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses takes effect in two phases on August 10, 2016 and January 1, 2017. Beginning August 10, 2016, the...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

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