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Trump administration proposes the safety rule on drug testing, incentives



The Trump administration has proposed that the current US occupational health and safety authority's attitude is consistent with the electronic registry of the registry not preventing employers from setting up labor market inspection programs or subsequent drug testing in a new standard under the latest Unified Agenda of Regulatory and Deregulatory Actions.

OSHA's improved tracing of workplace injuries and diseases, otherwise known as the Electronic Registry of the Registry, was a source of fraud for employers and their representatives largely due to anti-retaliation regulations that did not prohibit employee drug testing but banned employers use drug testing or the threat of it as a form of negative action against employees reporting injuries or diseases. Similarly, employers opposed OSHA's strong position to use incentives in the workplace security program, which they considered a valuable tool to encourage employees to follow the safety and health regulations of the workforce set up during the Obama administration.

However, in October 201

8, the agency issued a memorandum to its regional administrators, who said OSHA "believes that many employers who implement security programs and / or drug testing for incidents do so in order to promote workplace safety and health. the employer consistently applies legitimate rules of work (whether the injury or the disease is reported) show that the employer is serious about creating a safety culture, not just the appearance of lowering the rates. "

Action taken under a security incentive program or the drug abuse review principle would only violate the rules on electronic storage of electronic registrations "if the employer took action to punish an employee for reporting work-related injury or illness rather than for the legitimate purpose of promoting the workplace's safety and health," noted the notebook.

A drug testing program and safety incentive rule was one of six items placed on a long-term action list for OSHA, which means that the agency did not expect to have a regulatory action within twelve months after the publication of the agenda. A notice of proposed regulations for such a regulation would be released in September 2020, according to the Unified Agenda.

Regulations involving musculoskeletal diseases, registration and reporting of diseases, infectious diseases, process safety management and prevention of major chemicals accidents, shipbuilding protection on the yard and personal protective equipment in construction were also on the long-term action list.

At the same time, the updated Unified Agenda 20 regulatory measures are listed in the prerule, proposed rule and final rule for OSHA.

Rules for the communication tower's security, emergency, a mechanical force press update, driven industrial cars, a lockout / tagout update, tree care, prevention of violence in the workplace in health care and social assistance, blood management level for medical removal and revisions to the silica standard table 1 for the construction sector are all listed in the prerule scene. The agency appears to be moving forward with two of the most high-profile regulations on this list, scheduling mandatory reviews of the impact such rules have on small businesses starting in May for the potential crisis management standard and October for workplace violence in health care and social assistance.

The Health and Safety Committee has recently sent clear signals that OSHA should adopt standards to address heat stress and workplace violence in the healthcare sector rather than relying on the general obligation of the Occupational Safety Act to quote employers. Bills have been introduced to steer OSHA to implement an industry-wide violence standard, whose employees are disproportionately exposed to such violence.

At the proposed regulatory stage, changes to cranes and derricks in building standards, an extension of exemptions to the crane and derricks standard for railway work, an update of the hazard communication standard, a Puerto Rico state plan and welding in the building's limited spaces, according to Unified Agenda .

On the final rule list, the standard improvement project IV, quantitative matching protocol, agency practice rules, and OSHA access procedure for employee medical records, technical corrections to OSHA standards and regulation, is a statement of the proposed regulatory framework of the Beryllium General Provisions and Professionals exposure to beryllium and beryllium compounds in the building and shipbuilding industry.

                    


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