OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

On May 12, 2016, the Occupational Safety and Health Administration (OHSA) published its final rule on electronic reporting of workplace injuries and illnesses. The new rule enhances an employer’s obligation to ensure that employees report work-related injuries and illnesses. Specifically, effective 90 days after publication of the rule, on August 10, 2016, employers must establish “a reasonable procedure” for employees to report work-related injuries and illnesses promptly and accurately. The rule prohibits this procedure from deterring or discouraging a reasonable employee from accurately reporting a workplace injury or illness…

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