At least one construction industry group is pleased that the Dept. of Labor has issued new guidance on complying with its new injury and illness record-keeping rule’s anti-retaliation provisions that relate to drug testing. Dept. of Labor new guidance, issued on Oct. 19, clarifies its position on post-incident drug testing when an injury or accident occurs on a jobsite.
The guidance apples to a final rule that Dept. of Labor’s Occupational Safety and Health Administration released on May 12. The regulation said that drug testing after a workplace injury or accident could unfairly stack the deck against employees.