By the attorneys of Jenkins Fenstermaker, PLLC posted in Labor and Employment on Wednesday, December 13, 2017.
Do you routinely test employees for illegal drugs and alcohol when they are involved in a workplace accident? If so, you may incur the wrath of both the U.S. Occupational Safety and Health Administration (OSHA) and the West Virginia (WV) Supreme Court. OSHA believes that employees may be afraid to report workplace injuries and illness for fear of retribution from their employers. That is why it has promulgated the "Final Rule to Improve Tracking of Workplace Injuries and Illnesses," which may impact mandatory post-accident drug testing in WV and elsewhere.