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's been in the news quite a good bit over the last couple of years something that took effect in December of 2016 emitted quite a few lawsuits and challenges by companies in the industry there's been really a lot of confusion about it specifically related to post accident drug testing so the first thing to know post accident drug testing is not illegal it was not actually addressed in the rule however OSHA did release a statement that created a lot of concern around post accident testing and essentially eliminated blanket post accident testing so that's one thing to know if you do have that in your policy that's something that you do need to consider so I'm gonna share with you a quote directly from OSHA on their interpretation of it and then we'll discuss why that created some concerns and some things you specifically need to do to address post accident testing as an employer so the quote they said as far as post accident testing goes was the evidence in the rulemaking record shows that blanket post injury drug testing policies to turret 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 here drug testing policy should limit post accident our 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 so this quote is really what caused a lot of trouble and confusion within the industry to think now that post accident testing was not allowed the reason that's the case is because drug testing is not to the point where it can determine a current level of impairment whereas alcohol testing could be so when Ocean made this interpretation again not part of the rule but their interpretation of the rule that made employers think oh no we cannot do drug testing at all because we can't show impairment and that creates an undue burden on the employers that's where the lawsuits came and the end of push-back has come in oh she has since pulled back on that to say that alcohol testing must be able to show impairment meaning you're using breath alcohol test or a blood alcohol test as opposed to something like a urine alcohol or a hair alcohol test which cannot show impairment now with the drug testing drug testing just has to be reasonable so there's a couple of key elements for that things like repetitive use carpal tunnel musculoskeletal issues a bee sting for instance those are not things that are likely to be caused by drugs those may be things that develop over time that don't have a specific action those would not be appropriate for post accident drug testing however for instance if you had a crane operator and a load fell and entered an employee below that could be caused that's not only a safety sensitive position but could have been caused by the use of drugs or alcohol so what tests would be appropriate however OSHA has specified that testing just the injured party in that situation would not be appropriate and could be retaliatory to that person being injured as they're just being there may not have been contributing although it could have in that particular instance the crane operator could have been at fault they could have been under the influence the person who put together the load that was attached to the crane could have not done that properly that led to the issue the person that then took that load and attached it to the actual crane itself could have caused the issue so we test not only the one person injured but the others involved in the incident that could have reasonably contributed to that that in and of itself would not be retaliatory they've also gone on to state and clarifying that d-o-t testing are federally regulated testing does not is not subject to this particular qualification do t-posts accident testing is very specific for every agency it's very well defined if it meets criteria a B and C then you must do a post accident test OSHA would not have any effect on that also they would not have an effect on either a mandated state program or a voluntary state program say for instance for a workers compensation discount where an employer has to meet certain requirements and do certain testing those also would not apply so just to sum up this record-keeping and reporting requirement does not eliminate post-accident and drug testing it just clarifies what you should and could do blanket post-accident testing if that's in your policy should be removed and there should be a common-sense approach taken for the post-accident testing that you do Music you