Q & A: Post-Incident Drug Testing

Q & A: Post-Incident Drug Testing

Question: “How do I decided when to drug test for an injury?”

Answer: “The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.”

Source? OSHA Faqs for Final Rule to Improve Tracking of Workplace Injuries and Illnesses

Since you’re in the trucking industry, I’d turn to the FMCSA for more information: Start here

You might be required to drug test if the injuries are related to motor vehicle accidents.

For additional resources…

OSHA 300: Injury & Illness Recordkeeping & Reporting

Exemptions from OSHA recordkeeping requirements. Starting on January 1, 2015, the following NAICS will be partially exempt from OSHA recordkeeping requirements.

Describes the recording of cases that meet one or more of the following six criteria…

Establishments in the following industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically.

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