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Post-accident Drug Testing: Balancing Safety, Legal Considerations, And OSHA's Antiretaliation Stance

Webinar: ID# 1037086
Recorded On-Demand
About This Course:
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.

Join us for a widely popular webinar featuring live Q&A on how to balance safety, legal considerations, and OSHA's antiretaliation stance when conducting post-accident drug testing.What 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
Continuing Education Credits:

Click the 'Credits' tab above for information on PHR/SPHR, PDCs, and other CE credits offered by taking this course.
Post-accident Drug Testing: Balancing Safety, Legal Considerations, And OSHA's Antiretaliation Stance
or via On-Demand
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