OSHA Record Keeping Rule Update

As you may have read in earlier AGC correspondence, OSHA announced its new Recordkeeping Rule in May of this year.  This rule as written has led much to confusion and many questions.  The rule if enacted could impact post-accident drug testing and safety incentive programs for employers.  Due to pending litigation, enforcement of the rule has been delayed until December 1, 2016.

AGC stauncly opposes this rules and continues to work with OSHA and Congress extensively to amend.  At this time, after consultation with legal counsel, CompTRUST AGC will continue its post-accident drug testing procedure.

Below is additional information provided from Jimmy Christianson, Regulatory Counsel for AGC of America, that provides an update and more insight into the rule.



OSHA Delays Enforcement of Post-Incident Drug Testing Position

At AGC’s Urging Congress Weighs in on this Issue


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 [link to attached letter] 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 drug testing position and that position’s challenge to safe, drug-free workplaces and drug testing programs collectively bargained with organized labor. 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 christiansonj@agc.org.

WebED: Making Sense of OSHA’s Drug Testing Position in the Context of Injury and Illness Reporting

Oct. 31 /2:00 p.m. to 3:00 p.m. ET (Complementary for AGC Members)

On December 1, 2016, OSHA will begin enforcing an injury and illness reporting rule that may prohibit or restrict your construction company’s post-incident drug testing program and safety incentive programs.  Are you ready? Register today for this complementary webinar for AGC members ($49 for non-members) explaining how your company can prepare to comply.


Under this new rule, OSHA may cite contractors for implementing drug testing and/or safety incentive programs in the context of their possibly discouraging employees from reporting injuries and illnesses. During the webinar, Jackson Lewis safety and health law attorney Brad Hammock, AGC Senior Director of Safety Kevin Cannon and AGC Regulatory Counsel Jimmy Christianson will:


  • Discuss if employer’s current injury and illness reporting policies are compliant with the new “anti-retaliatory” provisions;
  • Identify areas (e.g. safety incentive programs, mandatory post-incident drug testing, and safety disciplinary policies) that employers may need to focus on to ensure compliance with the new requirements; and
  • Discuss the new electronic reporting requirements and effective dates.


To register, click here. For more information, contact Kevin Cannon at cannonk@agc.org.

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