Can company policy require drug testing after every workplace accident?

As a best practice, an employer should only conduct a post-accident test when there is a reasonable possibility that drug or alcohol use could have contributed to the accident. Some state laws restrict post-accident testing, and only allow a test to be conducted when there is reasonable suspicion of drug or alcohol use. In addition, the Occupational Safety and Health Administration (OSHA) indirectly addresses post-accident drug testing in 29 C.F.R. § 1904.35(b)(1)(iv): You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.

OSHA's guidance notes that the agency does not prohibit drug testing. The only drug testing policy it would restrict would be one that penalized an employee for reporting a work-related injury or illness rather than one that had the legitimate purpose of promoting workplace safety and health.