Mark Lies on Drug Testing

OSHA Clarifies Position On Lawful Post-Incident Drug Testing And Reverses Course On Safety Incentive Programs

Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more

10/15/2018 / Drug Testing , Employee Incentive Plans , Employment Policies , OSHA , Workplace Injury , Workplace Safety

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

3/6/2017 / Anti-Retaliation Provisions , Drug Testing , Legislative Agendas , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

11/30/2016 / Anti-Retaliation Provisions , Dismissals , Drug Testing , OSHA , Preliminary Injunctions , Reporting Requirements , Workplace Safety

Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule. We previously blogged that OSHA had again delayed, to December 1, 2016,...more

10/26/2016 / Administrative Interpretation , Anti-Retaliation Provisions , Drug Testing , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date. OSHA announced today that it has again delayed the...more

10/20/2016 / Anti-Retaliation Provisions , Declaratory Rulings , Delays , Drug Testing , OSHA , Preliminary Injunctions , Recordkeeping Requirements , Reporting Requirements , Workplace Injury

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

6/24/2016 / Anti-Retaliation Provisions , Drug Testing , Electronic Filing , Employer Liability Issues , Final Rules , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury

OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

6/21/2016 / Anti-Retaliation Provisions , Drug Testing , Electronic Filing , Incentives , OSHA , Reporting Requirements , Workplace Injury

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more

11/5/2015 / Certification Requirements , Criminal Liability , Drug Testing , Employee Training , Employer Liability Issues , Fitness for Duty Exams , Labor Certifications , OSHA , Powered Industrial Truck (PIT) , Safety Training , Workplace Safety

Mark Lies

Seyfarth Shaw LLP

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