OSHA's Rules for Post-Accident Drug Testing

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.

Faculty

Kenneth G. Scholtz, Esq.

Tucker Arensberg, P.C.

Katherine Koop Irwin

Tucker Arensberg, P.C.