OSHA issued a rule Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May 12, 2016) that revises its record keeping regulation (1904) to include electronic reporting.  The new injury and illness tracking rule also addresses the need to inform employees about injury reporting procedures and specific information regarding anti-retaliation provisions.  OSHA’s free Workplace Poster informs workers of their rights under the OSHA Act.

The anti-retaliation provision may impact an employer’s post injury drug testing program and procedures. Drug testing policies may need to be reviewed to help assure compliance with new regulations. The provisions became effective August 10, 2016, but OSHA has delayed enforcement until November 1, 2016.

In addition to OSHA’s delayed enforcement there has also been legal action taken by several businesses and business organizations challenging the new rule.

 What now?

  1. Monitor information provided by OSHA. OSHA has indicated that the agency will be providing formal guidance on its interpretation of §1904.35 in either upcoming Frequently Asked Questions, a Compliance Directive, or an enforcement memo to the Regional Administrators. Monitor the OSHA website for important updates.
  2. Be prepared. Since OSHA enforcement date is currently set for November 1, 2016, review your post injury drug testing policy with your employment counsel and human resource professional in an effort to ensure compliance with applicable regulations including but not limited to OSHA.
  3. No effect on 2016 credits. As an ASIWCF member, if you are currently receiving the 5% Drug & Claim Management Credit, your 2016 credit will not be effected if you determine it is necessary to modify post injury drug testing policies and procedures to comply with the new OSHA regulations.

 We are here for you.

We are here to help support your safety efforts.  We will provide updates on this topic as they become available. You can also visit our Safety section for other resources available to you as a member of ASIWCF.