Need more options? Click Here for Advanced Search!

Post-accident Drug Testing: Balancing Safety, Legal Considerations, and OSHA’s Antiretaliation Stance - On-Demand

Post-accident Drug Testing: Balancing Safety, Legal Considerations, and OSHA’s Antiretaliation Stance - On-Demand

Product Code: YSWA103019A

Availability: In stock

Internet Special:
Add Items to Cart

Post-accident Drug Testing: Balancing Safety, Legal Considerations, and OSHA’s Antiretaliation Stance - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to conduct post-accident drug testing in a legally compliant manner that doesn’t run afoul to OSHA’s antiretaliation stance.


The increasing prevalence of marijuana and opioids in the workplace continues to present urgent safety hazards. Employers may be more motivated than ever to implement drug testing programs to prevent accidents and reduce liability, especially following a workplace incident. 

However, a maze of legal and practical considerations poses significant challenges to conducting post-incident drug tests. OSHA’s antiretaliation provisions limit the situations where post-accident drug testing may be used, and some states have placed increasing limitations on the situations in which drug testing is allowed altogether.  Additionally, testing for impairment for substances other than alcohol is notoriously difficult. Employers must strike a balance between these competing considerations and develop a strategy that prioritizes safety, limits legal liability, and maintains a trusting, respectful relationship with employees.

Use this widely popular on-demand webinar on how to balance safety, legal considerations, and OSHA’s antiretaliation stance when conducting post-accident drug testing.

You’ll learn:

  • The circumstances in which OSHA may consider drug and alcohol testing to constitute illegal retaliation
  • How OSHA’s post-incident drug testing rule interacts with other federal and state drug testing laws
  • The impact of OSHA’s antiretaliation provisions on workplace drug testing programs
  • Best practices for balancing competing safety and legal considerations when developing a drug testing strategy
  • What constitutes a reasonable basis for drug testing
  • Tips for developing a drug and alcohol testing policy that protects the safety and health of employees and the public


About Your Presenters

Aaron GelbAaron Gelb, Esq. 
Conn Maciel Carey LLP

Aaron Gelb is a partner in Conn Maciel Carey LLP’s Chicago office. He specializes in labor and employment, and OSHA litigation. Gelb represents employers in all aspects of the employer-employee relationship.  He has extensive experience litigating equal employment opportunity matters in federal and state courts having tried a number of cases to verdict and defending employers before the EEOC as well as fair employment agencies across the country; in the past 5 years alone, Aaron has successfully handled more than 250 discrimination charges.  Aaron also has a particular emphasis on advising and representing clients in relation to inspections, investigations, and enforcement actions involving federal OSHA and state OSH programs, and managing a full range of litigation against OSHA. 

Daniel DeaconDan Deacon, Esq. 
Conn Maciel Carey LLPDan

is an associate in the Washington, D.C. office of Conn Maciel Carey LLP working in both the Labor and Employment and OSHA practice groups. He advises and represents employers on a wide range of employment-related issues, including wage and hour disputes, claims of discrimination and harassment, compliance with the Americans with Disabilities Act (ADA), the Affordable Care Act (ACA), and the Family Medical Leave Act (FMLA). Deacon also helps employers develop and implement effective workplace policies and safety and health programs.    

Additionally, Deacon represents and advises employers during inspections and investigations conducted by the federal Occupational Safety and Health Administration (OSHA) and state OSHA programs, responds to notices from OSHA about employee complaints of safety hazards, and represents employers in OSHA litigation, including citation contests and administrative hearings. He also helps employers develop safety and health programs and policies and conducts presentations on a variety of workplace safety topics.