Employer Liability Issues Drug Testing

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Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

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

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

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

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

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

OSHA Anti-Retaliation Rule Will Take Effect December 1

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

Big Changes Coming with New OSHA Rule on Electronic Reporting of Workplace Injuries

Effective January 1, 2017, the Occupational Safety and Health Administration (OSHA) will begin enforcing its new rule on electronic reporting of workplace injuries and illnesses. Although the final rule was issued on May 12,...more

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

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

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

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

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

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

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

High Speed Hiring: The Importance of Anti-Discrimination Practices in Online Employment Advertising

There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more

OSHA Delays Enforcement of Portions of New Recordkeeping Rules

In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more

Medical Marijuana In The Workplace [Video]

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more

New OSHA Rule May Require Employers to Update Drug-Testing Policies

The Occupational Safety and Health Administration’s (OSHA) new reporting rule goes into effect August 10, 2016. Although it does not expressly address post-accident drug testing, OSHA’s commentary related to the new rule...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

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

New OSHA Rule Requires Immediate Action by All Employers

The Occupational Safety and Health Administration (OSHA) issued a final rule revising its Occupational Injury and Illness Recording and Reporting Requirements. The new rule does two things: (i) it establishes employer...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

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

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 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

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