After some workplace accidents, employers may want to conduct a post-incident drug or alcohol test on employees involved, especially in cases of severe incidents or suspected impairment.
However, employers who enforce a blanket policy of testing every worker reporting a workplace injury may be violating OSHA regulations. The federal agency’s rules specify that post-injury testing should be limited to cases where drug use likely contributed to the incident and where testing can confirm impairment resulting from that behavior.
According to OSHA, blanket drug and alcohol testing policies may discourage workers from reporting injuries.
OSHA’s Recommendation
Under OSHA rules, companies don’t need to specifically suspect drug use before testing; however, there should be a reasonable possibility that the reporting employee’s drug use contributed to the reported injury or illness to justify testing.
Probable cause for a drug test should be based on observation and a genuine belief that the employee is under the influence of drugs or alcohol. These observations should be documented in writing by two people trained to recognize such impairments.
OSHA notes that drug testing is allowed if it’s for evaluating the root cause of a workplace incident that harmed or could have harmed employees. However, it emphasizes: “If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just those who reported injuries.”
Examples of Instances OSHA Considers Unreasonable for Drug Testing
- An employee reporting a bee sting.
- A repetitive strain injury.
- An injury caused by lack of machine guarding or a malfunctioning machine/tool.
A Final Word
In its memo, OSHA clarifies that post-incident testing would only violate regulations if the employer uses testing “to penalize an employee for reporting a work-related injury or illness,” rather than to promote workplace safety.
Finally, the rules provide an exception for employers who conduct drug testing to comply with state or federal laws or regulations.