OSHA says most Post-injury drugs testing is unlawful

In a ruling to take effect November 1, 2016, OSHA bans blanket testing after a workplace injury. Company policies which require all workers to be tested when seeking treatment for a work injury are considered “retaliatory” by OSHA, and so are not allowable. This ruling does not apply to DOT or other government regulated testing. Post-injury testing WILL be allowed IF “drug use is likely to have contributed to the accident and for which the test can accurately identify impairment.” Companies with policies requiring post-injury drugs testing should re-evaluate and revise with consideration of this ruling. Consultation services are available through CMR.

Posted in Alcohol Testing, Drugs Testing Regulations, Workplace Substance Abuse Testing.

Company policy on substance abuse

Many employees are subject to testing for illicit drugs use and alcohol intoxication as a condition of employment. It is important for employers who require such testing to have in place a written policy defining who will be tested, under what circumstances, by what means, and with what response to various possible test results. This policy should be developed with medical advice and legal input, based on the particular goals of the company. This policy should be developed with medical advice and legal input. It should be based on the particular goals for the company. This is not a policy to be created and then left to rest. Substance abuse …

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Posted in Alcohol Testing, Drugs Testing Regulations, Workplace Substance Abuse Testing. Tagged with , .

Observed collections in DOT urine drugs testing

Under some circumstances, collection of urine specimens for drugs screening must be observed directly by collection personnel. Observation must be by a person of the same gender as the testing subject. This is an important factor in choosing a collection facility. See related post Selection of Specimen Collection and Testing Sites. For commercial drivers and other federal employees, observation is required if the DER (Designated Employer Representative) directs the collector to do so. The DER is required to have the collection observed for the following situations. Otherwise, the DER is not allowed to have the collection observed. Observation is required (and so, authorized) ONLY for Return to Duty after completing …

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Posted in Specimen Collection, Workplace Substance Abuse Testing.

Selection of Specimen Collection and Testing Sites

In urine drugs testing, collection of the specimen is critically important . If drivers are in Northern California and able to have testing and specimen collection performed at our parent company, Occupational Health Services, you can be assured that all collectors and alcohol testing technicians are qualified, experienced, and certified. However, if testing might be needed at another location, you should evaluate possible collection and testing sites in advance. In selecting a collection and testing site, consider the following: Be sure to know the facility’s specimen collection hours. There will generally be a cut off time for collections, earlier than the closing time of the clinic. This is to allow …

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Posted in Alcohol Testing, Drugs Testing Regulations, Specimen Collection, Workplace Substance Abuse Testing.

CMR: New site, updated mission

In an effort to provide timely and authoritative information to my clients and the public in general, I am developing this system to create articles of interest and assemble them into newsletters. Please register for the newsletter if you wish to receive occasional and irregular updates on topics of interest to commercial drivers and their employers regarding drugs and alcohol testing of these and other federally regulated employees. I welcome your comments, but shall publish them. I may respond directly, or with an article to reflect concerns and questions, or I may not respond.  At some point in future we may open up to public dialogue.

Posted in CMR Administration.