If an employee falls under DOT guidelines, then those regulations pertaining to what constitutes reasonable suspicion must be followed.
![]()
Having reasonable suspicion is not the same as speculating or just guessing. Reasonable suspicion must mean that there is a legitimate reason, or reasons, for concern as defined either under DOT regulations or the company drug and alcohol policies. These trained individuals are also advised to document thoroughly, in writing, the observations that led to the reasonable suspicion test. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHAs interpretation of the requirements discussed. ![]() Reasonable Suspicion Drug Testing Guidelines Update Our GuidanceAlso, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHAs website at. The Department believes that many employers who implement safety incentive programs andor conduct post-incident drug testing do so to promote workplace safety and health. In addition, evidence that the employer consistently enforces legitimate work rules (whether or not an injury or illness is reported) would demonstrate that the employer is serious about creating a culture of safety, not just the appearance of reducing rates. Action taken under a safety incentive program or post-incident drug testing policy would only violate 29 C.F.R. One type of incentive program rewards workers for reporting near-misses or hazards, and encourages involvement in a safety and health management system. Positive action taken under this type of program is always permissible under 1904.35(b)(1)(iv). Another type of incentive program is rate-based and focuses on reducing the number of reported injuries and illnesses. Reasonable Suspicion Drug Testing Guidelines Free Month OrThis type of program typically rewards employees with a prize or bonus at the end of an injury-free month or evaluates managers based on their work units lack of injuries. Thus, if an employer takes a negative action against an employee under a rate-based incentive program, such as withholding a prize or bonus because of a reported injury, OSHA would not cite the employer under 1904.35(b)(1)(iv) as long as the employer has implemented adequate precautions to ensure that employees feel free to report an injury or illness. An employer could avoid any inadvertent deterrent effects of a rate-based incentive program by taking positive steps to create a workplace culture that emphasizes safety, not just rates. For example, any inadvertent deterrent effect of a rate-based incentive program on employee reporting would likely be counterbalanced if the employer also implements elements such as. If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |