• The Improve Tracking of Workplace Injuries and Illnesses final rule does not apply when a post-accident drug test must be conducted to comply with federal or state regulations.

Some federal and state regulations require employers to conduct a post-accident drug test. When those regulations apply, the Improve Tracking of Workplace Injuries and Illnesses final rule from the Occupational Health and Safety Administration (OSHA) does not prohibit the test.

Department of Transportation regulations

The Department of Transportation (DOT) requires post-accident tests to be conducted when a regulated driver is involved in an accident.

Tests required by the DOT must be conducted according to those regulations.

State workers’ compensation programs

Some states have workers’ compensation discount laws that give employers a discount on workers’ compensation insurance when an employer opts to comply with the requirements of the voluntary law. Some of these laws require drug testing. Those laws must be followed when they apply.

An employer would not violate OSHA regulations by conducting a post-accident drug test that is required by a state workers’ compensation law.

No injury involved

The OSHA rule does not apply to when a drug test is conducted for an incident that does not involve an injury.

A drug test conducted after an accident or incident that does not result in an injury is permitted under the rule. In addition, pre-employment, reasonable suspicion, random, or other drug tests that are not related to the reporting of a work-related injury or illness are not restricted by the rule.

Other state or federal laws may impact the test, however, so an employer should always look to applicable laws and company policy when deciding whether or not to conduct a drug test.