A controversial new OSHA rule cracking down on retaliation against safety whistleblowers doesn’t ban employee drug testing, according to guidance issued in late October. Business groups are suing to block the rule, which requires more frequent reporting of workplace accidents and injuries in addition to toughening anti-retaliation measures designed to protect employees who report hazardous working conditions.
Some employers worried that the anti-retaliation provisions, now set to take effect Dec. 1, would prohibit any kind of drug testing. The OSHA guidance clarifies that the rule “only prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury.”
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