Legislative Alert - Wednesday, July 20th, 2016: OSHA Changes Post-Accident Drug Testing Rule
- OSHA Changes Post-Ax Testing Rules
- Ride-Shares Win One Fingerprint Fight
- New Philly Credit Check Rules Now in Effect
OSHA Changes Post-Ax Testing Rules
OSHA has published the final version of new reporting rules, one of which might change how some employers conduct post-accident drug and alcohol testing. According to OSHA, unless you are in an industry that is legally required to test after every incident, you should NOT have a blanket policy. The concern is that employees will not report incidents like a bee sting or a tool malfunction if they know that making the report forces them into the lab. Instead, the agency suggests you limit testing to instances that look like they could have been caused by impairment.
The rule was supposed to go into effect on August 10th, but that date has been pushed back to November 1, 2016 because of a lawsuit. Several organizations are asking the court to declare the rule unlawful because it limits employers' post-accident drug testing programs. You can learn more specifics at OSHA.gov, and EBI will be offering an informative webinar in the coming weeks. Keep an eye on your email for the invitation.
Ride-Shares Win One Fingerprint Fight
We’ve done a lot of reporting about efforts being made by Uber and Lyft to fight off required fingerprinting for their drivers. The companies have long argued that their background screening is more effective than a search of the FBI Fingerprint Database. The Massachusetts Senate seems to agree. State senators rejected an amendment that would have made fingerprint checks mandatory for all drivers. The bill does allow fingerprints if an employer wants to do them. Killing the amendment gives the decision back to the employers.
New Philly Credit Check Rules Now in Effect
As of July 7th, a new City of Philadelphia ordinance restricts employer’s use of credit checks in an effort to prevent discrimination against job applicants and current workers. The law applies to any employer doing business in the city. Some industries, like insurance companies, banks and credit unions are exempt, as well as some positions that require access to sensitive information. Otherwise, an employer may not consider a job applicant’s or employee’s credit information when making decisions to hire, fire, promote and the like.