As of August 10, 2016, companies that have a policy of requiring a drug test after work-related injury or illness may need to revise their testing procedure, as mandated by new Occupational Safety and Health Administration (OSHA) regulations announced in May. While OSHA does not intend to ban the use of drug testing as it relates to workplace injury investigations, these new rules limit when and how the drug testing can be conducted. The requirements have been put in place by OSHA to combat the use of drug testing as a means of “deterring or discouraging a reasonable employee from accurately reporting a workplace injury or illness”. Additionally, the rule prohibits employers from retaliating against an employee for reporting a workplace injury or illness.
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