Many employers have policies and procedures that mandate drug and alcohol testing in the wake of a workplace accident, regardless of whether there is any suspicion that the employee involved was impaired. However, effective August 10, 2016, OSHA’s final rules on electronic reporting of workplace injuries require employers to implement “a reasonable procedure” for employees to report workplace injuries and that procedure cannot deter or discourage employees from reporting a workplace injury.  Though the text of the final rule (29 CFR § 1904.35(b)(1)(i)) does not specifically address mandatory post-accident drug and alcohol testing, OSHA’s May 12, 2016 commentary accompanying the final rules specifies that the agency views mandatory post-accident testing as deterring the reporting of workplace safety incidents and employers who continue to operate under such policies will face penalties and enforcement scrutiny.
Continue Reading New OSHA Accident Reporting Rules Rule Out Mandatory Post-Accident Drug Screening

Employers want all employees to do their work and go home safely each day.  A workplace injury is bad news for everyone.  When OSHA or a similar state safety agency gets involved, it becomes an even bigger problem for employers.  That reality is even more true today as OSHA’s maximum fines have recently increased, and it has added new recordkeeping and reporting requirements that raise further concerns for employers.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s stated role is “to ensure [safe working] conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.”
Continue Reading OSHA Changes: Are You Keeping Up?

What does it mean to provide a “safe” workplace?

For careful employers, the concept of workplace safety is not limited to preventing accidents (slips, falls, and equipment injuries) that lead to workers’ compensation claims.  Employers must also consider the threat of workplace violence, which usually takes one of three forms:  (1) violence between co-workers; (2) violence between employees and customers; and (3) violence between employees and the general public.  Each industry faces unique challenges in preventing workplace violence.  Let’s consider two examples – a bank and a hospital. The bank is likely to be more concerned with preventing a robbery than the hospital.  On the other hand, the hospital may focus more on protecting employees from potentially violent patients.  In both examples, the careful employer must take reasonable steps to assess and prevent violence against employees.
Continue Reading A Comprehensive Approach to Preventing Workplace Violence