Though Simon followed all safety protocols, he was injured at work because a machine was not properly guarded. Even though there is no reasonable belief that drug use contributed to the employee’s injury, his employer required him to take a drug test after he reported the injury.
Did the employer misuse a drug testing program against Simon for reporting an injury?
Yes, the employer misused the drug testing program against Simon for reporting an injury. Under the Occupational Safety and Health Administration (OSHA) regulations, employers are prohibited from retaliating against employees for reporting work-related injuries or illnesses. This includes the misuse of post-incident drug testing programs.
Yes