Some employers use the threat of drug testing to deter workers from reporting injury or illness on the job. For employers who have an interest in keeping insurance costs low, this tactic can sometimes stop injured workers from seeking and receiving the medical care they deserve and need. The U.S. Occupational Safety and Health Administration is changing its rules to make reporting of injuries and illness on the job more transparent, and to ensure that injured employees get the help they need.
While OHSA does not ban drug testing incentive programs or drug testing of employees, it does restrict employees from using drug testing to threaten employees who report on the job injuries. According to Business Insurance, employers who use drug testing as a retaliatory measure could face citations.
Drug testing in itself can promote a safe workplace and employers are certainly allowed to implement drug testing practices. However, if employees feel that their employers are retaliating against them after they have been injured, or that they are using drug testing to prevent them from reporting their injuries or illness, employees may now have more rights and more options. If you have been injured on the job and are facing pressure from your employer not to report your injury or illness, a personal injury lawyer in New York City may be able to assist you. Visit our website www.aeelaw.com to learn more or visit our feedburner blog to to read more about New York injury law cases.
Workers are permitted to file retaliation complaints if they believe an employer is using drug testing to prevent them from exerting their rights. According to Construction Equipment, under Section 11(c), of the Occupational Safety and Health Act, employees are permitted to take their employers to court if they believe that their rights have been violated.
Under the new retaliation law, employers are only permitted to use drug testing when they have a reason to believe that drug use may have contributed to the incident. The employer would also have to show that the drug use is linked to the injury. For instance, it won’t make sense for employers to ask employees to be tested if employees are reporting repetitive strain injuries, or injuries due to malfunctioning equipment, or lack of safety equipment. If you’re not sure if your injury is protected under the new law, and you are facing pushback from your employer about making a claim, it may be wise to speak to a personal injury lawyer in New York. A lawyer can review your claim and determine whether you are in the right to file a complaint.
Workers have a right to file worker’s compensation claims if they have been injured on the job. Worker’s compensation can provide money to pay for medical expenses, lost wages, and pain and suffering. Workers have a right to report any on the job injuries.