OSHA Enforcement of Employers’ Drug Testing Rule Delayed Until Dec. 1

Authored by Adam D. Hirtz

Oct 24, 2016

Earlier this year, the Occupational Safety and Health Administration (OSHA) announced that an employer cannot require drug testing after a work-related injury unless drug use is “likely to have contributed to the incident,” and testing can “accurately identify impairment caused by drug use.” In OSHA’s eyes, requiring drug testing after work-related injuries otherwise discourages employees from reporting those injuries.

After a lawsuit was filed to block OSHA’s enforcement of this rule, OSHA delayed enforcement until Nov. 1, 2016. Last week, OSHA agreed to once again delay enforcement of this rule until Dec. 1, 2016. In all likelihood, OSHA will continue to delay enforcement of this rule as long as it takes for the court case to conclude.

OSHA also recently updated its Guidelines for Safety and Health Programs. The updates include recommended safety practices and a comprehensive website outlining a step-by-step approach to the implementation of workplace safety and health programs. You can read about the updates and access the website here.

With OSHA’s increased presence in the workplace, it is important to keep your workplace safety and health policies and programs up-to-date. Contact the Lowenbaum Law Workplace Safety & Health Team today to review your organization’s programs and stay tuned for further OSHA updates as we approach the end of 2016.

Page 1 of 11