Drug Testing

News & Analysis as of

Enforcement Date Of OSHA Rule Delayed Again — Until December 1

The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new “Reasonable Reporting Procedure” rule as it pertains to post-accident drug testing and safety incentive programs....more

OSHA Again 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 again delays the rule’s effective date. OSHA announced today that it has again delayed the...more

OSHA DELAYS Enforcement Date For New Anti-Retaliation Rule That Would Restrict Post-Accident Drug Testing And Safety Incentive...

Effective Date is Now December 1, While Court Considers Further Delay October 19, 2016 - The Occupational Safety and Health Administration announced yesterday that it is once again delaying enforcement of the...more

OSHA Pushes Back Enforcement Date for Anti-Retaliation Provisions Again

The Occupation Safety and Health Administration (OSHA) again delayed enforcement of the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, until December 1, 2016. OSHA delayed...more

OSHA further delays enforcement of post-accident testing ban

In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an...more

How does Pennsylvania’s new medical marijuana law compare to NJCUMMA?

Recently, I participated in a panel discussion for the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. The discussion focused on the workplace implications of Pennsylvania’s medical marijuana law, which...more

Employers Better Sober Up: The EEOC Is Targeting Prescription Drug Testing Policies

While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more

Employment Law This Week®: Paid Sick Leave, New California Employment Laws, Final Pay Data Rule, Employee Drug Tests [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

Just Say No to Automatic Post-Accident Drug-Testing

Do you automatically drug-test after all work-related injuries or accidents? If so, you should change your policy immediately in light of the Occupational Safety and Health Administration’s new reporting Rule, which went into...more

Industry Group Files Reply in Support of Motion to Prevent Enforcement of OSHA's Injury Reporting Rule

A coalition of industry groups ("Plaintiffs") filed suit in the Northern District of Texas in July challenging the legality of specific provisions relating to safety incentive programs and post-incident drug testing in OSHA's...more

Hackers Post Athletes’ Medical and Drug Testing Records Online

Hacking group Fancy Bear, reportedly a Russian group, who allegedly hacked into the Democratic National Committee emails which made headlines, has posted U.S. Olympians’ medical and drug testing records online. Although it...more

OSHA Weighs in on Retaliation and Drug Testing

QUESTION: We conduct drug testing whenever an employee is injured at work or in involved in an accident. I recently read that this may violate OSHA’s anti-retaliation rule. How can that be? I would think OSHA would want...more

Final rule on FMCSA drug and alcohol clearinghouse will be out before end of October

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality. That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal...more

OSHA’s Electronic Reporting Rule and Its Heightened Focus on Non-Retaliation

On November 1, 2016, the Occupational Safety and Health Administration (OSHA) will begin enforcement of a new final rule on electronic reporting of workplace injuries. The rule increases employers’ obligations to make sure...more

OSHA’s Recordkeeping Anti-Retaliation Rule: Assault on Pizza Parties, Drug Tests and Exec Compensation

OSHA’s recent Injury and Illness Recordkeeping reform has created quite a stir for employers. As we discussed in an earlier article about the new Recordkeeping rule, OSHA now requires employers to electronically submit to...more

OSHA Post-Accident Drug Testing

On August 10, 2016, OSHA’s final rules on electronic reporting of workplace injuries went into effect. The new rules require employers to implement “a reasonable procedure” for employees to report workplace injuries that...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Scottsdale Car Dealership Sued by EEOC for Disability Discrimination

Bell Lexus and The Berge Group Rescinded Job Offer Based on Woman's Lawful Prescription Drug Use, Federal Agency Charges - PHOENIX - A Scottsdale, Ariz., car dealership company violated federal law by rescinding a job...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Watch Out For OSHA’s New Anti-Retaliation Injury Reporting Procedure

A little known subsection of a new OSHA regulation can significantly impact, and may require changes to: 1) employer post-accident drug testing programs, 2) employer policies about employee injury reporting, and 3) employer...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Xerox State Healthcare, LLC Will Pay $35,000 To Resolve EEOC Disability Discrimination Lawsuit

Healthcare Company Denied Applicant an Accommodation for Pre-Employment Drug Testing, Federal Agency Charged - CHARLOTTE, N.C. - Xerox State Healthcare, LLC ("Xerox Healthcare"), a healthcare company that offers...more

New OSHA Rule Restricts Post-Accident Drug Testing -- Enforcement Begins November 1, 2016

Federal law has traditionally imposed very few limitations or requirements on drug testing of employees. That changes on August 10, 2016, when a new reporting rule issued by the Occupational Safety and Health Administration...more

Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more

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