An Update Regarding OSHA's Final Recordkeeping Rule

September 19, 2016

OSHA's Final Rule on Recordkeeping ("Improve Tracking of Workplace Injuries and Illnesses") will include an anti-retaliation provision related to blanket Post-Accident Drug Testing policies. OSHA has delayed their enforcement of this provision to December 1, 2016 in order to conduct additional outreach and develop educational materials and enforcement guidance for employers.

Please note that this new rule will in no way prohibit employers from conducting Post-Accident Drug Testing. However, existing policies and procedures may need to be revised to reflect changes brought about by the new regulation.

As soon as they are made available, Synergy will provide new materials to Policyholders, along with additional direction on appropriate policy changes and/or practices that may need to be taken.

As it stands, we recommend employers continue with their current Post-Accident Drug Testing policies and procedures until further notice.

Need more information? Review OSHA's Frequently Asked Questions about the Final Rule here.