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.