PRESS: Dec 2016 Employee Drug Testing Regulation Changes

Orlando DOT Physical Provider and Workflow Employer Services Owner Dr. Brad Levine Publishes New Article Sharing New Employee Drug Testing Regulations

Dr. Brad Levine, Orlando Chiropractor, DOT physicals provider, and owner at Workflow Employer Services releases new article outlining how new employee drug testing regulations provide greater protection for employees.

Altamonte Springs, FL — February 15, 2017 — Workflow Employer Services and DOT physical location owner, Dr. Brad Levine recently published a new article on his website “New Employee Drug Testing Regulations Provide Welcome Relief in the Form of Greater Protection for Employees.”

In the piece, Dr. Levine gives a thorough overview of the new OSHA employee drug testing policy changes that went into effect August 2016. Enforcement of the policies began December 1, 2016.

He summarizes these employee drug testing policy changes concisely. He states, “Generally, the new employee drug testing rules seek to protect employees from retaliation and discrimination in the workplace and specifically address when and why drug testing is allowed.”

Primary to these changes are new employee protections regarding post-accident drug testing.

Now, Dr. Levine explains, this can only be required after an accident if it can be reasonably assumed that alcohol could have played a part in the incident. For example, a medical report filed for carpal tunnel injury or impairment cannot justify a drug test. Likewise, if water is spilled all over the floor and employee slides and falls down, in most cases, drug testing would not be allowed under the new policies.

Furthermore, the employer must also be confident that the testing results can be correlated to the actual accident.

This is tricky contends Dr. Levine because, “This has always been a sticking point because of the extended length some drugs stay in the system. Furthermore, alcohol tests will show usage the night before, which would likely not play a factor in most accidents the next day.

The primary argument being that employers can thus utilize forced post-accident employee drug testing to escape their own liability. Instead of using them to promote a safer workplace. Consequently, this tightens up – or strengthens – the impetus for more sensitive and reliable drug and alcohol testing. Testing that can pinpoint when usage occurred. Of course, that is fodder for a completely different discourse and analysis.”

He goes on to explain that compliance with the new OSHA regulations will likely require employers amend their employee handbook(s).

Due to the stringency and ambiguity in some areas of the policy, Dr. Levine mentions that larger companies with more complex internal policies may want to get their new policies checked out by their attorney to be safe.

You can read the complete article here:

Workflow Employer Services has two DOT physical locations in Orlando and Altamonte Springs. Both locations offer same day DOT physicals and CDL medical exams along with employee drug testing services. Both DOT physical locations are bilingual and accept DOT physical exam walk-ins.

Posted Under: Brad Levine