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Post-Accident Drug Testing: How to Avoid Retaliation Claims Under OSHA - On-Demand

Post-Accident Drug Testing: How to Avoid Retaliation Claims Under OSHA - On-Demand

Product Code: YSWA121818D

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Post-Accident Drug Testing: How to Avoid Retaliation Claims Under OSHA - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn the legal limits of post-accident drug testing, and how to assess if your program is compliant to avoid OSHA fines.

Safety and HR managers take note: OSHA’s latest proposed rule on electronic recordkeeping, which seeks to eliminate the requirement for large establishments to submit 300 logs and 301 forms, does not change any of the antiretaliation provisions affecting post-accident drug testing.

And, with drug use in the workplace being more of a problem for employers than ever before, the legal risks are high for employers. While a drug-free workplace is a safer workplace, certain post-accident drug testing programs can attract scrutiny from OSHA, leading to costly citations. A new October 2018 memo from OSHA refines the agency’s position, and the takeaway is clear: post-accident drug testing must contribute to root cause analysis in order to be permissible, and it must be applied consistently.

The combination of increased attention to the impact of substance abuse throughout our society and in the workplace, the effects of marijuana legalization in many states on employment policies and employer drug testing programs, and OSHA’s critical stance regarding blanket post-incident testing policies make it critical for employers to assess their substance abuse and drug testing policies and programs in light of a changing legal environment.

Use this on-demand webinar when Gary Visscher, a skilled attorney with extensive experience in health and safety law and policy, will explain your organization’s compliance obligations concerning post-accident drug testing, and how you can avoid costly retaliation claims.

By attending this program, attendees will:

  • Understand how and why OSHA’s injury and illness recordkeeping rule affects post-accident drug and alcohol testing programs
  • Identify the circumstances OSHA when may consider drug and alcohol testing to violate antiretaliation provisions of the recordkeeping rule
  • Learn how compliance with other drug testing laws may intersect with OSHA’s limitations on post incident tests
  • Be able to determine when an employer has a reasonable basis to test employees after an incident
  • Effectively assess your existing drug or alcohol testing program to ensure that it’s compliant


About Your Presenter: 

Gary VisscherGary Visscher
Of Counsel
Law Office of Adele L. Abrams PC

Gary Visscher is an attorney with extensive experience in government and in employment and health and safety law and policy. Since December 2009 Gary has been Of Counsel with the Law Office of Adele Abrams, P.C., and works primarily in the practice areas of safety and health (OSHA and MSHA) and employment law.  Gary also teaches courses in Environmental and Occupational Health Policy at the University of Maryland Baltimore County (UMBC). 

Prior to private practice, Gary served as a Presidential appointee on the Occupational Safety and Health Review Commission and the U.S. Chemical Safety Board.  He served as Deputy Assistant Secretary for OSHA at the U.S. Department of Labor from 2001 to 2004. 

Gary was previously the Workforce Policy Counsel for the U.S. House of Representatives Education and Workforce Committee, and Legislative Director for Rep. Paul Henry (R-MI). 


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