Post accident drug testing.

Unless lawsuits attempting to overturn the rule or OSHA delays it further, December 1, 2016 is the date for implementation of a rule that employers are not prohibited from drug testing employees who report work-related injuries or illnesses so long as they have an “objectively reasonable basis” for testing. In addition, the rule does not apply to drug testing employees for reasons other than injury reporting. The rule only prohibits drug-testing employees for reporting work-related injuries or illnesses without an “objectively reasonable basis”.

OSHA also said that post-incident drug testing that is consistent with the terms of a state’s Drug-Free Workplace or workers’ compensation statutes, or federal law (such as U.S. Department of Transportation regulations) is not impacted by the rule and is allowed. Testing will be permissible even in the absence of such a state or federal law if an employer’s private insurance carrier offers discounted rates if the employer implements a post-incident drug testing policy. OSHA has also confirmed that random, pre-employment, and reasonable suspicion testing are not covered by the rule.

For post-accident drug and alcohol testing that will be conducted outside of one of the programs that is not covered by the rule, the key is having an “objectively reasonable basis”. OSHA’s focus to determine an “objectively reasonable basis” will be whether the employer had a reasonable basis for believing that drug use by the reporting employee could have contributed to the injury or illness. It will consider factors including whether the employer had a reasonable basis for concluding that drug use could have contributed to the injury or illness (and therefore the result of the drug test could provide insight into why the injury or illness occurred), whether other employees involved in the incident that caused the injury or illness were also tested or whether the employer only tested the employee who reported the injury or illness, and whether the employer has a heightened interest in determining if drug use could have contributed to the injury or illness due the hazardousness of the work being performed when the injury or illness occurred.

For example - A crane accident injures several employees working nearby but not the operator. The employer does not know the cause of the accident, but there is a reasonable possibility that it could have been caused by operator error or by mistakes made by other employees responsible for ensuring that the crane was in safe working condition. In this scenario, it would be reasonable to require all employees whose conduct could have contributed to the accident to take a drug test, whether or not they reported an injury or illness. Testing would be appropriate in these circumstances because there is a reasonable possibility that the results of drug testing could provide the employer insight on the root causes of the incident. However, if the employer only tested the injured employees but did not test the operator and other employees whose conduct could have contributed to the incident, the testing of reporting employees would be seen as a violation.

OSHA also stated that drug testing an employee whose injury could not possibly have been caused by drug use would likely violate the retaliation provision of the rule. For example, drug testing an employee for reporting a repetitive strain injury would likely not be objectively reasonable because drug use could not have contributed to the injury.

In the final rule, OSHA indicated that only drug tests that can indicate impairment at the time of the injury or illness would be permissible. The only test capable of such a determination is an alcohol test. OSHA now says it “will only consider whether the drug test is capable of measuring impairment at the time the injury or illness occurred where such a test is available.” OSHA will consider this factor for tests that measure alcohol use, but not for tests that measure the use of any other drugs. This means that drug testing is allowed even if levels of impairment have not yet been established.

 The guidance can be found at   

Injury and Illness Recordkeeping Requirements

This is the first in a series of guidance documents issued under the Occupational Safety and Health Administration’s (OSHA’s) Temporary Worker Initiative (TWI). This Initiative focuses on compliance with safety and health requirements when temporary workers are employed under the joint (or dual) employment of a staffing agency and a host employer

When a staffing agency supplies temporary workers to a business, typically, the staffing agency and the staffing firm client (also known as the host employer) are joint employers of those workers. Both employers are responsible to some degree for determining the conditions of employment and for complying with the law. In this joint employment structure, questions regarding which employer is responsible for particular safety and health protections are common. This bulletin addresses how to identify who is responsible for recording work-related injuries and illnesses of temporary workers on the OSHA 300 log. 

Injuries and illnesses should be recorded on only one employer’s injury and illness log (29 CFR 1904.31(b)(4)). In most cases, the host employer is the one responsible for recording the injuries and illnesses of temporary workers. 

Injury and illness recordkeeping responsibility is determined by supervision. Employers must record the injuries and illnesses of temporary workers if they supervise such workers on a day-to-day basis (29 CFR 1904.31(a)). Day-to-day supervision occurs when “in addition to specifying the output, product or result to be accomplished by the person’s work, the employer supervises the details, means, methods and processes by which the work is to be accomplished.” See OSHA FAQ 31-1 at (Essentially, an employer is performing day-to-day supervision when that employer controls conditions presenting potential hazards and directs the worker’s activities around, and exposure to, those hazards.) In most cases, the host employer provides this supervision.

While the staffing agency may have a representative at the host employer’s worksite, the presence of that representative does not necessarily transfer recordkeeping responsibilities to the staffing agency. As long as the host employer maintains day-to-day supervision over the worker, the host employer is responsible for recording injuries and illnesses.

Read the full article here: Osha Temporary Worker And Recordkeeping Nov 2016


If your company is impacted by the changes in the Fair Labor Standards Act (FLSA) Overtime rules and you are now confused due to the election results, the PIA HR Listserve Networking Groups has been atwitter since the results of the Presidential Election this past Tuesday and we would like to share the comments with you.

President-Elect Trump has made many references to reexamining and possibly eliminating many onerous rules and regulations and this has given some of our members hope that the December 1st implementation date for the new rules will be delayed or rescinded.

Some of our member companies have voiced the opinion that they should delay or even overturn decisions that they have already implemented. However, the prevailing opinion of the many HR managers throughout the country who commented on the topic, as well as the VP of HR for PIA, Adriane Harrison, is that you should apply any required changes by the December 1 deadline. President-Elect Trump does not take office until January 20th and even if he is inclined to make changes in the FLSA Overtime rule there is no indication at this point that he will make it his first or even one of the top priority of his administration.

The HR Listserve Networking Group is available to all members and is a valuable benefit of PGAMA membership. The subjects that are initiated, and the opinions rendered, vary and are offered from print colleagues from all over the country. To join the HR listserv and see what other listservs are available see:

If you have any questions and would like to discuss this or any other matter, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. or call, 410-319-0900 or Toll Free 1-877-319-0906

FLSA Webinar See It Here

PGAMA is always on the lookout for new and improved member benefits to offer.  Sometimes however there are a suite of benefits that are already available to our members but are not as aggressively promoted as some and that is the case with our “financial insurance” package of Slow Pay, PGAMA Credit Check and PICB Collections Service.  Each, in their own right, are powerful tools to help your business but taken as a package they create a best practices process and could make a major difference to your cash flow and bottom line.

slowpay Slow Pay is a repository of member reports on clients that have not paid their invoices.  Once you enroll, you should regularly monitor the site and make sure that a new customer has not been reported as a late pay.  This service is free to PGAMA members and could be considered your first line of defense in deciding if and how to do business with a new client or perhaps a client that is returning after an absence of some time.  If you are unfortunate enough to have a slow pay client, this is where you would report it.  Contact Esther Slansky at PGAMA office or email her at This email address is being protected from spambots. You need JavaScript enabled to view it. and she will enroll you in the program and explain how it works. 

PGAMA Credit Check  At PGAMA we give you choices when it comes to credit checks.  Our in-house credit check service is free to members and easy to access.  Just contact Debbie Woolbright  This email address is being protected from spambots. You need JavaScript enabled to view it. or call the PGAMA office and she will send you a form to fill out. Once you return it, we spring into action checking the information that you obtained from your customer. Based on the information you learn from our credit check, you can make an informed decision about how you will handle the financial arrangements with your new customer.  If you want more, PGAMA has a partnership with Experian, a major international credit bureau.  This service has a cost associated with it, but all PGAMA members receive a discounted fee.  The major difference is that Experian provides you with a credit score and has a deeper reach than a normal credit check.  The choice is yours! 

picb logo  PICB – a Check-IT Company  If in spite of taking all the precautions available, you make the decision to turn an account over for collection, PGAMA has partnered with PICB, a firm with a long history of involvement in the printing industry. While PICB also offers credit check services, their uniqueness in our package for PGAMA members is the collection services.  

To learn more contact Jay at  This email address is being protected from spambots. You need JavaScript enabled to view it. or you may wish to contact Andrea Schlack  directly at PICB.  She can be reached at 847-265-0400 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

PGAMA members working together and using best business practices can make for a stronger industry and enhanced bottom line for all.  Please don’t hesitate to contact any of us at PGAMA for further information.

PGAMA Upcoming Events

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19 Jun 2023

Member Benefits

  • Educate through workshops, seminars and employee training.
  • Communicate though regular publications and networking events.
  • Advocate for business and industry on the local, regional and national stage.

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PGAMA offers a variety of seminars and workshops focused on professional development.

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We are dedicated to meeting the ongoing workforce needs of our industry by sponsoring and participating in activities that encourage qualified workers to enter the industry.

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"Developing a network of like-minded colleagues takes valuable time and energy. I’m so grateful that I am entrenched with PGAMA because they provide those important networking opportunities for me on a regular basis. I link up with colleagues, friends and make important connections that really make a positive impact on my business."

~ Rusty Coolidge, Chroma Graphics

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