Much of the attention to OSHA's record keeping rule has focused on the new electronic requirements. But employers with drug testing programs should also pay immediate attention to the injury reporting requirements included in the updated rule.
Injury reporting requirements have been clarified and explicitly require that employers have a reasonable written policy "informing each employee how he or she is to report a work related injury or illness promptly and accurately." OSHA explains that a procedure is not reasonable if the rule would discourage the employee from accurately reporting the injury or illness. While the new rule stops short of making across the board post accident testing a violation, OSHA instructs employers to only use post injury drug testing "when there is a reasonable possibility that drug use by the reporting employee was a contributing factor" because across the board testing can be viewed as discouragement from reporting the injury.
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