Community Action Agencies (CAAs) often have mandatory drug testing policies that require employees to automatically submit to drug testing if they are involved in a workplace accident or suffer a workplace injury. In a revised rule that took effect on December 1, 2016, however, the federal Occupational Safety and Health Administration (OSHA) indicated that such policies may directly conflict with OSHA recordkeeping rules. This FAQ is intended to help CAAs subject to OSHA requirements understand the revised rule and provide options for compliance with it. The information in this FAQ cites to and is based on the revised rule (29 C.F.R. § 1904.35(b)(1)(i) and (iv)); the preamble (92 Fed. Reg. 29624-29694) to the revised rule; guidance from the OSHA website titled Injury Tracking and Use of Disciplinary, Incentive or Drug Testing Programs; and on an OSHA Memorandum (October 19, 2016) setting forth OSHA’s interpretation of the revised rule.
Independent Contractor Classification Under the FLSA: An Ever-Evolving Concept
Familiar changes are likely coming to worker classification rules under federal wage and hour laws. With these changes, CAAs may find that more workers may be treated under the Fair Labor Standards Act as independent contractors instead of employees. However, CAAs are...