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OSHA & Post-Accident Drug Testing: Creating a Culture of Safety

October 22, 2018

In a recent memo posted on October 11, 2018, OSHA has clarified their position on Post-Accident Drug Testing. Under the new interpretation, OSHA states that "most instances of workplace drug testing are permissible under §1904.35(b)(1)(iv). More specifically, OSHA clarifies that employers who implement Post-Accident Drug Testing (PADT) programs demonstrate they are serious about creating a culture of safety, as long as the PADT program is adhered to consistently.

Previously, OSHA stated that implementing blanket PADT policies were "retaliatory" and thus illegal. This shift in policy guidance is in line with Synergy's original interpretation in 2016, meaning that it is not necessary for employers to change their PADT policies or procedures, as long as the use of drugs could possibly be a root cause of an incident.

View OSHA's memo here.

If you have any questions about OSHA's new memo, please contact your Synergy Risk Manager for more information.