OSHA Guidance Expected to Change Employers' Approach to Drug Testing

New federal guidance may reassure employers that they won’t run afoul of anti-retaliation regulations if they conduct post-injury drug testing or offer safety incentive programs. In guidance issued this month, the U.S. Occupational Safety and Health Administration said most instances of workplace drug testing are permissible. That includes random drug testing, testing under state workers’ comp laws, and testing to meet federal requirements, such as those of the Department of Transportation. Also permissible is drug testing to determine the cause of a workplace incident that harme...