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Phyllis Harden

Legislative & Special Projects, Pine Bluff Sand & Gravel
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OSHA Delays Rule Enforcement Related to Post-Incident Drug Testing Position

October 21, 2016

The U.S. Occupational Safety and Health Administration (OSHA) this week delayed enforcement until Dec. 1, 2016, of the anti-retaliation provisions in its injury and illness reporting rule, which highlighted OSHA’s intention to enforce policies that could restrict mandatory post-incident alcohol and drug testing. Also this week, at AGC’s urging, more than 30 members of Congress called on OSHA to reconsider and withdraw this controversial and unsubstantiated position.

OSHA issued this delay at the request of a federal court currently considering a motion challenging the anti-retaliation provisions.  The letter from members of Congress comes on the heels of AGC grassroots efforts and AGC Chapter and contractor Capitol Hill meetings following the association’s National and Chapter Leadership Conference in late September.

AGC previously met with the head of OSHA, noting the association’s opposition to the agency’s drug testing position and that position’s challenge to safe, drug-free workplaces and drug testing programs collectively bargained with organized labor, among other things. AGC will hold a complementary webinar for AGC members ($49 for non-members) to explain OSHA’s position and contractor requirements under this rule on October 31 from 2:00 to 3:00pm ET. The association will continue its efforts to oppose this unreasonable OSHA position, while educating its members on how best to comply.

For more information, please contact Jimmy Christianson at

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