OSHA Rule Regarding Post-Accident/Injury Drug Testing, Effective December 1, 2016

On May 12, 2016, OSHA published final rules that, in part, addressed retaliation against employees who report work-related injuries or illnesses.  Employers were initially concerned because of language in the preamble to the rule, which implied that mandatory post-accident/injury drug tests could be construed to violate the new anti-retaliation provisions.  A lawsuit was filed by several businesses in Texas seeking to block implementation of the rule.  The judge issued orders twice delaying the rule, pushing the original August effective date back to November, and then December 1, 2016.   On November 28, 2016, the Court issued an order denying a motion to further delay implementation of the rule, letting the December 1st effective date stand.

 What does this mean for employers?  Continue reading