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OSHA Says Post-Accident Drug Testing Violates the Law


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In a somewhat surprising turn, OSHA is taking the position that post-construction accident drug-testing is a violation of the law. The official prohibition takes the form of an interpretation of the drug-testing provision in the document. At issue is the fear that blanket drug-testing in the wake of a construction-related accident discourages accident reporting generally, especially where the nature of the accident doesn’t suggest drug-taking was involved. When automatic drug-testing follows every construction accident, the adverse nature of the response may unhelpfully skew the reporting, to the larger detriment of workplace safety. Read more...