Delaware Business Insurance Update From CNC Insurance Associates, " OSHA Wants You To Stop Mandatory Post Accident Drug Testing". 12-18-16

The value of mandatory post accident drug testing as a safety and risk management strategy, has been clearly demonstrated for many years. These policies have helped business owners protect employees from injuries and also reduce the costs of insurance and risk. However this has now changed. OSHA has put into effect a new rule that protects employees from actions by employers deemed to be retaliatory. Mandatory drug testing is one of those actions. OSHA wants employers to have a more balanced approach which limits post accident drug testing to situations from which drugs would have likely been involved in the accident. In other words the employer should at least suspect a reasonable possibility that drugs caused the accident. This may be simple in theory but in practicality it will be extremely difficult for employers. Training employers to accurately spot drug use between injured employees so as to determine who gets the drug test and who does not, is a recipe for problems. Mandatory drug testing gave employers just the facts, as a positive  test, clearly indicated drugs were involved, post accident. The new OSHA rule however may scare employers from drug testing and diminish the risk and safety practices of the company. It may also increase retaliatory claims against employers. Only time will tell. Until next time be careful out there and know your risks.

G. Kevin Nemith, President CNC Insurance Assoc. & The Small Business Insurance Center
Serving DE, MD, PA, NJ, and VA
www.cncinsurance.com
www.bizinsurancetv.org

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