Rules for drug tests have changed
At one time, a blanket drug testing policy could provide a comfortable refuge for employers. A blanket policy typically calls for employees to always be tested under certain circumstances. Such a policy often would require tests to be conducted after an accident that caused an injury or a crash resulting in a certain amount of damage.
The policy could also broadly apply to any workplace injury, from carpel tunnel syndrome to a sprained ankle caused by a fall from a ladder.
It’s not you, it’s the policy
This type of policy took some pressure off supervisors who had to tell employees that they needed to take a drug test.
It wasn’t the employee’s or supervisor’s fault that a drug test was needed; it was just company policy. No one had to feel embarrassed about taking the test because everyone had to do it if an incident met the criteria outlined in the policy.
A blanket post-accident drug testing policy also gave employers confidence that they were not discriminating. If the policy was followed, it was difficult for employees to claim they had been tested for discriminatory reasons.
The circumstances, not the supervisor’s opinion, dictated the need to test.
Injury reporting concerns
This type of policy was acceptable, and even common, until mid-2016, when the Occupational Safety and Health Administration (OSHA) published its “Improve Tracking of Workplace Injuries and Illnesses” final rule. With the rule, OSHA wants to make sure a company’s drug testing policies do not discourage employees from reporting a workplace injury or illness.
While OSHA does not ban post-accident drug testing, it did note that blanket post-accident testing policies tend to deter reporting. An employee who is faced with a mandatory drug test after a workplace accident might be less inclined to report an injury or illness.
OSHA recommends employers limit post-accident testing to situations in which employee drug use is likely to have contributed to the incident.
This requires some thought on the part of a supervisor or manager, as the individual circumstances of each situation
need to be taken into account.
A report of a bee sting or carpel tunnel syndrome, for example, is no longer a reason to automatically send an employee for a drug test. The simple fact that an accident occurred also may not be enough to warrant a test.
The facts of the situation must be considered before a test is conducted, and a supervisor must weigh whether drug use is likely to be a contributing factor.
The OSHA rule does carve out some exceptions. If testing is required by state worker’s compensation laws or a federal agency such as the Department of Transportation, employers may conduct drug tests without running afoul of the OSHA rule.