OSHA Delays Rule Enforcement Related to Post-Incident Drug Testing Position

 

The U.S. Occupational Safety and Health Administration (OSHA) delayed enforcement until Dec. 1, 2016 of the anti-retaliation provisions in its injury and illness reporting rule, which highlighted OSHA’s intention to enforce policies that could restrict mandatory post-incident alcohol and drug testing. At AGC’s urging, more than 30 members of Congress called on OSHA to reconsider and withdraw this controversial and unsubstantiated position.

OSHA issued this delay at the request of a federal court currently considering a motion challenging the anti-retaliation provisions.  The letter from members of Congress comes on the heels of AGC grassroots efforts and AGC Chapter and contractor Capitol Hill meetings following the association’s National and Chapter Leadership Conference in late September.

AGC previously met with the head of OSHA, noting the association’s opposition to the agency’s drug testing position and that position’s challenge to safe, drug-free workplaces and drug testing programs collectively bargained with organized labor, among other things.