CAPLAW FAQ Resource Image

Drug Testing Policies Under OSHA

2017

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.

Related Resources:

New Trump Administration Executive Orders: Initial Thoughts

New Trump Administration Executive Orders: Initial Thoughts

Following the 2025 presidential inauguration, the White House released a myriad of new executive orders (EOs) on a host of issues. Many of these orders contain broad directives and it will take time for the practical implications of these actions to become clear. The...

New Trump Administration Executive Orders: Initial Thoughts

2024 FLSA Overtime Rule Struck Down Nationwide

Everything’s bigger in Texas, even the impact of the state’s legal challenge to federal overtime rules. On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) Final Rule on Defining and Delimiting...

Final Changes to the FLSA Overtime Rule

Final Changes to the FLSA Overtime Rule

On April 26, 2024, DOL published a Final Rule on Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (the “Overtime Rule”). In this webinar, CAPLAW discussed the Overtime Rule, impacts the changes could...