The Associated Builders and Contractors have filed a legal challenge hoping to block further progress on OSHA’s new electronic record keeping rule on workplace injuries and illnesses. The ABC wants to block what OSHA says is an “anti-retaliation” provision in the rule, which would prohibit routine post-accident drug testing.
OSHA says these tests invade workers' privacy and discourage them from reporting workplace accidents. Under the rule, drug testing can only be conducted in “situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.”
As Construction Dive reports:
"In a release, ABC Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore said ‘it’s inconceivable' that OSHA would seek to limit this kind of testing as part of post-accident investigations, as it is a tool in determining the cause of such incidents and key to preventing future injuries."
To learn more details about the rule and the legal claim, click below.