Answers to Common Questions about the New OSHA Reasonable Reporting Rule
It is a good habit for companies of all sizes to do regular check-ups on their drug testing policies, because laws are changing very rapidly. One recent change is the new Reasonable Reporting Procedure rule from the U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA). The new rule, §1904.35(b)(1)(iv), which OSHA will begin enforcing on December 1, 2016, could change the way you do post-incident drug testing. Here is the concern: if an employer requires a drug test after every single work-related injury or accident, many people might not report incidents just to avoid taking the test. OSHA wants to make sure every incident is reported. To take away the fear of reporting, employers will now be required to have an explicit reason for conducting a post-accident drug test. A murky directive at best, this new rule has raised many questions from businesses of all sizes. We recently hosted a webinar on how this change will affect employers. We have also put together a list of Frequently Asked Questions about §1904.35(b)(1)(iv). We hope you find them helpful!