Date: This webinar is available on-demand.
Originally Broadcast: Wednesday, July 25, 2018 | 2:00 p.m. EDT (GMT -4, New York)
Duration: 1 Hour
Event Type: On-Demand Webinar
Are you unclear about what OSHA requires – and prohibits – in post-accident drug testing under its recent electronic recordkeeping rule? You’re not alone.
In May 2016, OSHA published a final rule that added a provision that explicitly addressed retaliation, including post-accident drug testing, for reporting incidents. A few months later, the Agency released a memo that sought to provide further guidance on the basic principles of the antiretaliation requirements in more detail. But even with the rule provisions and subsequent guidance, there still is significant gray area, and safety managers really need to take a close look at their existing post-accident drug testing programs to certify they are in full compliance.
Although the rule doesn’t ban drug testing, it does require employers to only conduct post-accident drug testing if there is a reasonable possibility that drugs contributed to the reported illness or injury. But what happens if other federal or state laws, or worker’s compensation programs, require post-accident drug testing? How does an employer determine a “reasonable basis?” The anti-retaliation provisions have created a variety of questions for the regulated community.
Join us as we’ll explain how to interpret these amended requirements so you can ensure your company does not have exposure to potential anti-retaliation findings.
- The specific post-incident drug and alcohol testing program requirements as they apply to your organization
- The key directives addressed in OSHA’s October 2016 memorandum that addresses post-incident drug and alcohol testing expectations
- What recent OSHA violation activity relative to post-incident drug and alcohol testing program signals
- Tips for reviewing whether your reporting and recordkeeping program is compliant and up to date
Bonus: All attendees will receive a handy Post-Accident Drug Testing Infographic!
Amanda Czepiel, J.D., Senior Managing Editor, EHS Division, BLR
Amanda Czepiel, J.D., is the Senior Managing Editor of BLR’s EHS Division. In her role, she oversees the workplace safety and environmental compliance content for BLR’s products, news, training, and live events, and works with clients to develop custom compliance solutions. Before joining BLR, Ms. Czepiel clerked at the Department of Justice in Washington, D.C. and served as an instructor with the National Park Service. She received a BA from the University of Pennsylvania, an MA from the Department of Nutrition, Food Studies and Public Health at New York University, and her JD from the University of Connecticut School of Law. She is a member of ASSE and the American Bar Association, and is admitted to practice in Connecticut.
Emily Scace, Senior Editor, BLR
Emily Scace is a Senior Editor for BLR’s safety publications. She writes and edits detailed regulatory analysis, newsletters, training content, special reports, white papers, news articles, and other materials to help businesses understand and follow OSHA and DOT compliance obligations. Emily also researches and writes about occupational safety and health regulations, enforcement trends, safety-related best practices, and safety culture; delivers webinars on a variety of workplace safety topics; and more.
This webinar will be conducted using a slides-and-audio format. After you complete your registration, you will receive a confirmation email with details for joining the webinar.
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