In early October, the Occupational Safety and Health Administration (OSHA) stated that 29 C.F.R. 1904.35()(1)(iv) does not prohibit workplace safety incentive programs or post-incident drug testing. In addition, OSHA defined permissible instances as random drug testing, drug testing unrelated to the reporting of a work-related injury or illness, drug testing under a state workers compensation law, drug testing under other federal law and drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees.

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