New OSHA Post-Accident Drug Testing Rules

OSHA's interpretation of its new rule calls into question the widespread use of mandatory post-accident drug testing programs. Section 1904.35(b)(1)(iv) of the final rule prohibits an employer from discharging or discriminating against an employee for reporting a work-related injury or illness. The new rule states that "blanket post-injury drug testing policies deter proper reporting". The agency instructs employers to limit post-incident drug testing to situations in which drug use is likely to have contributed to the incident. 

Please contact Eric Cothern, Project Manager, Security, Health & Safety, at if you have any questions regarding this new rule.

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Eric Cothern
Project Manager, Security, Health & Safety

Contact Eric at