HR Tip of the Week

HR Tip of the Week

OSHA Announces Revisions to 2016 Guidance on Drug Testing and Safety Incentive Programs

In 2016, OSHA issued guidance that had the effect of discouraging employers from engaging in routine drug testing of all persons involved in workplace incidents, citing that doing so may cause employees to avoid reporting workplace injuries. More recently, OSHA clarified, “Most instances of workplace drug testing are permissible under § 1904.35(b)(1)(iv).” The following are examples of permissible drug testing:

  • Random drug testing.
  • Drug testing unrelated to the reporting of a work-related injury or illness.
  • Drug testing under a state workers’ compensation law.
  • Drug testing under other federal law, such as a U.S. Department of Transportation rule.
  • Drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees. If the employee chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.

OSHA’s new guidance supersedes previous guidance provided in 2016. Click here to view the new guidance on drug testing and safety incentive programs in full.

If a review and revision to your existing workplace injury policy is appropriate, contact HR Advantage at or 877-894-0202.

Comments are closed.


HR Advantage