News & Analysis as of

Workplace Injury Occupational Safety and Health Administration Drug Testing

Parker Poe Adams & Bernstein LLP

Does Reasonable Suspicion Marijuana Testing Make Sense for Employers?

As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more

Littler

Occupational Safety and Health Administration Fall Semi-Annual Regulatory Agenda

Littler on

The Occupational Safety and Health Administration’s (OSHA) short- and long-term regulatory agendas remain busy as we close out 2019 and enter 2020. The regulatory agenda is published twice a year and sets forth the Agency’s...more

Jackson Lewis P.C.

Drug Testing & Safety Incentive Rulemaking On Long Term Regulatory Agenda For OSHA

Jackson Lewis P.C. on

It’s that time of year again…when federal agencies, including OSHA, tell us what is on the horizon for rulemaking activity. This week the spring semiannual regulatory agenda for federal agencies was published. This...more

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

Bowditch & Dewey

OSHA 180°? Agency Clarifies its Position on Workplace Safety Incentive Programs and Drug Testing Policies

Bowditch & Dewey on

The U.S. Occupational Health and Safety Administration (“OSHA”) recently issued a Standard Interpretation memorandum (the “New Guidance”) to clarify the agency’s position on whether workplace safety incentive programs and...more

McAfee & Taft

OSHA clarifies permissibility of post-accident drug testing, safety incentive programs

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....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

Laner Muchin, Ltd.

OSHA Clarifies Its Position On Drug Testing And Safety Incentive Policies

Laner Muchin, Ltd. on

In a Memorandum to Regional Administrators dated October 11, 2018, OSHA provided further guidance on whether certain drug testing policies or safety incentive programs would violate OSHA’s anti-retaliation standard. In its...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

Stinson LLP

OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing

Stinson LLP on

On October 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum entitled Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R....more

Littler

About Face: OSHA Clarifies that Safety-Incentive Programs and Post-Incident Drug/Alcohol Testing ARE Permissible

Littler on

On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...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

McNees Wallace & Nurick LLC

OSHA Changes Position on Safety Incentive Programs and Post-Accident Drug Testing

The Occupational Safety and Health Administration (OSHA) has rolled back Obama-era guidance on safety incentive programs and post-accident drug testing. ...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

Amundsen Davis LLC

OSHA Issues Memo On Incentive Programs And Drug Testing

Amundsen Davis LLC on

On October 11, 2018, OSHA issued an additional memorandum to further clarify its position on incentive programs and drug testing. While the memorandum does not set out drastic changes to OSHA’s earlier rule and guidance, it...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

Robinson+Cole Manufacturing Law Blog

OSHA Clarifies Position On Anti-Retaliation Rule

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more

Seyfarth Shaw LLP

OSHA Clarifies Position On Lawful Post-Incident Drug Testing And Reverses Course On Safety Incentive Programs

Seyfarth Shaw LLP on

Seyfarth Synopsis:  OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing;  “Clarification of OSHA’s Position on...more

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