Post-accident drug or alcohol testing may now face more scrutiny from the Occupational Safety and Health Administration (OSHA) after the new electronic reporting rules go into effect August 10, 2016. These policies could deter injury reporting, and employers could face steep penalties as a result.
Current penalties for deterring injury reporting are up to $7,000 per violation and up to $70,000 for willful violations. These penalties could increase up to $12,471 per violation and $124,712 for willful violations.
OSHA's new rule does not impose limitations on post-accident workplace drug testing, meaning there is no official regulation change for post-accident testing. However, employers should be aware of the challenge it might present for the company.