The Occupational Safety and Health Administration recently published a memorandum clarifying that an earlier ruling (29 C.F.R. § 1904.35(b)(1)(iv)) that prohibited employers from retaliating against employees for reporting work-related injuries or illnesses. Their clarification states that this ruling does not prohibit workplace safety incentive programs or post-incident drug testing. OSHA’s memorandum went on to state that the department believes incentive programs can be an important tool to promote workplace safety and health.
They went on to outline different scenarios in which workplace drug testing is usually permissible, including:
- Random drug testing
- Drug testing under a state workers’ compensation law
- Drug testing under other federal law, such as a U.S. Department of Transportation rule
- Drug testing unrelated to the reporting of a work-related injury or illness
To read more of the memorandum check it out here. Blueline Services works to help keep you updated on any changing laws and statues around the country. If you have any questions regarding this memorandum or how a workplace drug testing incentive program could benefit your company, give us a call at 888-919-8378 or email us at mail@blueline-services.com.