OSHA's New Recordkeeping Rule & Post-Accident Drug Testing

June 22, 2016

OSHA has recently issued their Final Rule on recordkeeping which will require certain employers to begin electronically submitting injury and illness data to OSHA.

Surprisingly, provisions in the new Rule could impact how Employers manage their Post-Accident Drug Testing programs.

Specifically, OSHA has indicated that blanket Post-Accident Drug Testing policies will be deemed unreasonable, and would deter injured workers from reporting accidents. Furthermore, such policies would even be considered retaliatory against employees, even if they test positive for drugs after an accident.

Synergy understands the impact this Rule could have on your business and safety efforts. We are working diligently with our legal counsel to assist our customers in navigating this new provision. Please note, OSHA has delayed their enforcement of this portion of the new Rule until December 1, 2016. At this time, we do not believe it necessary to change your current Post-Accident Drug Testing policies or procedures.

We will update our customers in the very near future on the appropriate policy changes and/or practices that may need to be taken in this regard. In the meantime, if you have any additional questions regarding the new recordkeeping rule, please contact your Loss Prevention Consultant or email us at

To review the official news release from OSHA, click here.