OSHA's Rules for Post-Accident Drug Testing
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Learn more on the overview of OSHA's guidelines and the regulations needed to stay compliant post-accident drug testing.Thirty-one states (and counting) have legalized the use of marijuana, nine of which have legalized recreational use. Virtually every state is caught in the throes of fighting opioid abuse and addiction. With the legalization of popular forms of drug use, and nationwide increases in prescription use and abuse, logic would dictate that the constraints on employer's rights regarding drug testing and employee discipline would be relaxed, while in fact, the opposite is true. In 2016, OSHA rolled out new drug testing rules for employers and has taken steps to crackdown against the perceived deterrence against workplace injury reporting. In 2019, a number of states have issued opinions regarding drug testing for medical marijuana. This material will address OSHA's regulations related to employer post-accident drug testing and medical marijuana in the workplace. The first segment will include a review of OSHA's guidelines, and strategy for advising employers on OSHA compliance, and post-accident investigation and defense of Workers' Compensation claims. The second segment will provide an overview of medical marijuana laws in the U.S., including anti-discrimination protections afforded to medical marijuana users, discuss how to recognize the signs of impairment, address the interplay of federal laws on medical marijuana use; and recent case law providing guidance to employers on how to address medical marijuana use in the workplace.
AuthorsKatherine Koop Irwin, Tucker Arensberg, P.C. Ken Scholtz, Tucker Arensberg, P.C.
Post-Accident Drug Testing - OSHA Requirements and Strategies for Defending Workers' Compensation Claims
• OSHA Requirements
• Limits on Employers' Rights
• New OSHA Procedure for Enforcement
• Post-Accident/Injury Drug Testing
• HIPAA Compliance Concerns
• Defense/Denial of Workers' Compensation Claim Based on Positive Test
• Chain of Custody Requirements
High Alert - Medical Marijuana in the Workplace What Every Employer Needs to Know
• Overview of Medical Marijuana Laws in the U.S.
• Synopsis of What Marijuana Does to a User and How to Recognize the Signs of Impairment
• A Discussion of Federal Laws and Regulations Restricting Medical Marijuana Use in Employment
• A Review of Case Law Addressing Medical Marijuana Users' and Employers' Rights and Obligations