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Video instructions and help with filling out and completing Can Form 843 Delays

Instructions and Help about Can Form 843 Delays

Music, today we're going to give you an update on the OSHA record-keeping and reporting rule that has been in the news quite a bit over the last couple of years. This rule took effect in December of 2016 and has resulted in several lawsuits and challenges by companies in the industry. There has been a lot of confusion, particularly regarding post-accident drug testing. Firstly, it is important to note that post-accident drug testing is not illegal and was not addressed in the OSHA rule. However, OSHA did release a statement that caused concerns and essentially eliminated blanket post-accident testing. If your policy includes blanket post-accident testing, you need to reconsider. Here is a quote directly from OSHA on their interpretation of post-accident testing: "The evidence in the rulemaking record shows that blanket post-injury drug testing policies deter reporting. However, the final rule does prohibit employers from using drug testing or the threat of drug testing as a form of adverse action against employees who report injuries or illnesses. To strike the appropriate balance, drug testing policies should limit post-accident or post-incident testing to situations in which employee drug use is likely to have contributed to the incident, or for which the drug tests can accurately identify impairment caused by drug use." This quote caused confusion within the industry, leading some to believe that post-accident drug testing was not allowed. The reason for this confusion is that drug testing is not yet capable of determining a current level of impairment, unlike alcohol testing. OSHA later clarified that alcohol testing must be able to show impairment, using breath or blood alcohol tests. However, drug testing only needs to be reasonable. There are key elements to consider when determining if post-accident drug testing is appropriate. Repetitive use injuries, carpal tunnel, musculoskeletal issues, and bee stings are...