AGC urges OSHA to reconsider unjustified policy against post‐accident drug testing

Earlier this year, the Occupational Safety and Health Administration (OSHA) issued a new rule on recordkeeping, which highlighted OSHA’s intention to enforce policies that prohibit mandatory post-accident alcohol and drug testing.

AGC is working with Congress to direct OSHA to reconsider the unsupported and procedurally unjustified policies and revoke the language related to post-accident drug testing. AGC members are encouraged to use the Legislative Action Center to urge their legislators sign a letter to OSHA.

OSHA claims that that the risk of employer retaliation against workers for reporting injuries is so great that there must be a limitation of post‐accident drug testing as a means to determine whether drugs or alcohol was a factor.

AGC disagrees with OSHA’s assertions and is concerned that OSHA’s new policy will actually negatively impact safety in the construction industry. Putting drug-free workplace programs in jeopardy, many of which have been negotiated into collective bargain agreements with organized labor, could enable employee drug use on construction sites and therefore risk the safety and health of workers and the public.

Furthermore, OSHA crafted this new policy outside the normal rulemaking process, and it failed to request information from stakeholders on how these policies actually work in the industry.

For more information, contact Jim Young of AGC of America at youngj@agc.org or 202.547.0133.