Phoenix, AZ 85007
OSHA's Anti-Retaliation and Drug Testing Laws - Looking for Clarity with Gina Kesler, CEO of D&A Experts
Recent changes to the Recordkeeping Rule have introduced a controversial topic, for some, and there appears to be a conflict with drug testing interferring with reportingof injuries or exposures. THe new digital recordkeeping law states that no retaliation can be taken against an employee who reports an accident or injury, and in some instances drug testing could hinder that reporting process.
There are many questions and even most of the answers in this seminar with our Guest Speaker Gina Kesler, who has been a Keynote Speaker and a voice for safety in the ADOSH Safety Summits where she is continually lauded as a favorite speaker.
OSHA has published the following Q and A information: Section 11(c) of the Occupational Safety and Health Act already prohibits any person from discharging or otherwise discriminating against an employee who reports a fatality, injury, or illness. However, OSHA may not act under that section unless an employee files a complaint with OSHA within 30 days of the retaliation. In contrast, under the final rule, OSHA will be able to cite an employer for retaliation even if the employee did not file a complaint, or if the employer has a program that deters or discourages reporting through the threat of retaliation. Often the point of retaliating against an employee who reports a hazard is to intimidate them from asserting their rights. This new authority is important because it gives OSHA the ability to protect workers who have been subject to retaliation, even when they cannot speak up for themselves. The rule gives OSHA an important new tool in encouraging employers to maintain accurate and complete injury records.
The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.
Come find out what you need to do, to require drug testing in your business to discover and prevent hazards from causing injury or illness.
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OSHA's Anti-Retaliation and Drug Testing Laws - Looking for Clarity with Gina Kesler, CEO of D&A Experts
Recent changes to the Recordkeeping Rule have introduced a controversial topic, for some, and there appears to be a conflict with drug testing interferring with reportingof injuries or exposures. THe new digital recordkeeping law states that no retaliation can be taken against an employee who reports an accident or injury, and in some instances drug testing could hinder that reporting process.
There are many questions and even most of the answers in this seminar with our Guest Speaker Gina Kesler, who has been a Keynote Speaker and a voice for safety in the ADOSH Safety Summits where she is continually lauded as a favorite speaker.
OSHA has published the following Q and A information: Section 11(c) of the Occupational Safety and Health Act already prohibits any person from discharging or otherwise discriminating against an employee who reports a fatality, injury, or illness. However, OSHA may not act under that section unless an employee files a complaint with OSHA within 30 days of the retaliation. In contrast, under the final rule, OSHA will be able to cite an employer for retaliation even if the employee did not file a complaint, or if the employer has a program that deters or discourages reporting through the threat of retaliation. Often the point of retaliating against an employee who reports a hazard is to intimidate them from asserting their rights. This new authority is important because it gives OSHA the ability to protect workers who have been subject to retaliation, even when they cannot speak up for themselves. The rule gives OSHA an important new tool in encouraging employers to maintain accurate and complete injury records.
The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.
Come find out what you need to do, to require drug testing in your business to discover and prevent hazards from causing injury or illness.