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Employer Liability Issues Anti-Retaliation Provisions Drug Testing

Parker Poe Adams & Bernstein LLP

OSHA Withdraws Guidance on Accident Avoidance Incentives and Post-Accident Drug Testing

During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more

Polsinelli

Clarification of OSHA Rule Regarding Drug Testing and Safety Incentive Programs

Polsinelli on

In 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule (the “2016 Rule”) – found in 29 C.F.R. § 1904.35(b)(1)(iv) – related to post-incident drug testing and workplace safety incentive programs...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ruder Ware

October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data,...

Ruder Ware on

Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits...more

McAfee & Taft

Gavel to Gavel: Drug testing and safety rules clarified

McAfee & Taft on

For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. Originally published in The Journal Record |...more

Tonkon Torp LLP

OSHA's Memorandum Clarifies Anti-Retaliation Rule

Tonkon Torp LLP on

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more

Beveridge & Diamond PC

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

Beveridge & Diamond PC on

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

Husch Blackwell LLP

OSHA Rolls Back Guidance On Drug Testing And Incentive Programs

Husch Blackwell LLP on

OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more

Robinson+Cole Construction Law Zone

OSHA Clarifies Position On Anti-Retaliation Rule

As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Softens Approach To Safety Incentive Programs And Post-Incident Drug Testing

In May 2016, the Occupational Safety and Health Administration amended 29 CFR §1904.35 to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. This revision to the...more

Blank Rome LLP

Workplace Safety Incentive Programs and Post-Incident Drug Testing—Still Okay under OSHA but Don’t Discourage Accident Reporting

Blank Rome LLP on

Many employers have implemented workplace safety incentive programs in an effort to reduce time lost to injuries or illness. The programs generally reward workers for reporting near-misses or hazards and/or reward employees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is OSHA Backtracking on the Anti-Retaliation Provisions in the Recordkeeping Regulation?

The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...more

Jackson Lewis P.C.

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible

Jackson Lewis P.C. on

Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA). ...more

Davis Wright Tremaine LLP

Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more

Fisher Phillips

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

Jackson Lewis P.C.

OSHA Clarifies Agency’s Position On Drug Testing And Safety Incentive Policies

Jackson Lewis P.C. on

In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain drug testing policies or safety incentive programs would be considered violations of part 29 C.F.R....more

McAfee & Taft

Federal court ruling means OSHA drug testing limitations are now live

McAfee & Taft on

As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate...more

Franczek P.C.

Anti-Retaliation Provision of OSHA’s Final Rule Is Now In Effect

Franczek P.C. on

As we previously reported, in May, 2016, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the way it collects, and employers report, workplace injury and illness data. Under these new...more

Laner Muchin, Ltd.

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Laner Muchin, Ltd. on

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

Perkins Coie

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

Perkins Coie on

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

McNees Wallace & Nurick LLC

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

FordHarrison

OSHA Anti-Retaliation Rule Will Take Effect December 1

FordHarrison on

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

BCLP

OSHA Issues Awaited Guidance Concerning Injury Reporting and Anti-Relation Obligations, Yet Leaves Unanswered Questions for...

BCLP on

For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Issues Guidance on How it Will Enforce New Anti-Retaliation Regulation

Soon after delaying the effective date of §1904.35 for a second time, this time until December 1, the Occupational Safety and Health Administration posted formal guidance on its website explaining how the Agency interprets...more

Akerman LLP - HR Defense

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

Akerman LLP - HR Defense on

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

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