Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
In August 2014 the Occupational Safety and Health Administration (OSHA) issued a supplemental notice to a
notice of proposed rulemaking that would result in
significant changes to the agency’s accident and illness reporting requirements.
OSHA justified the changes by noting its perception that employers were substantially underreporting their actual injury rates.
One portion of the notice requested comments on rules that would open employers to citations for workplace policies and practices that deter employees from reporting job-related injuries and illnesses. During the subsequent comment period,
labor representatives cited mandatory post-accident drug testing as an example of a policy that should be prohibited under the new rules. These advocates called for such testing only where the employer has evidence that drug or alcohol use contributed to the accident.
employer representatives noted the strong deterrent effect against illegal workplace drug use presented by post-accident testing. They also noted requirements in several states for post-accident testing under workers’ compensation and drug-free workplace laws. These commenters noted that the same logic could be used to prohibit zero-tolerance policies for violation of workplace safety rules.
It is unlikely that OSHA will enact a strict ban on post-accident testing. However, employers may be called upon to justify the connection between their testing policy and the specific circumstances of each workplace accident.
OSHA is expected to issue proposed rules based on this input next year. Employers and labor will have another chance to comment on the specific requirements contained in any such proposal.
Jonathan Crotty and Charlotte Offerdahl are partners at law firm Parker Poe, based in Charlotte, N.C.
Copyright 2014 ©
Parker Poe Adams & Bernstein LLP. All rights reserved.
SHRM Online Safety & Security page
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 10,000 companies