Here is some information directly from the U.S. Department of Labor website regarding OSHA's new Final Rule:
The final rule revises OSHA's regulation on Recording and Reporting Occupational Injuries and Illnesses (29 CFR 1904). The new rule requires certain employers to electronically submit injury and illness data to OSHA that they are already required to keep under OSHA regulations. The content of these establishment-specific submissions depends on the size and industry of the employer.
In order to ensure the completeness and accuracy of injury and illness data collected by employers and reported to OSHA, the final rule also:
1. requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation;
2. clarifies the existing implicit requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and
3. incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.
May an employer require post-incident drug testing for an employer who reports a workplace injury or illness?
The rule does not prohibit drug testing of employees. It only prohibits employers from using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses. If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer's motive would not be retaliatory and this rule would not prohibit such testing.
OSHA has stated that "drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use. For example, it would likely not be reasonable to drug test an employee who reports a bee sting, a repetitive strain injury, or an injury caused by a lack of machine guarding or a machine or tool malfunction." OSHA further clarifies that "employees need not specifically suspect drug use before testing, but there should be a reasonable possibility that drug use by the reporting employee was a contributing factor to the reported injury or illness in order for an employer to require drug testing."
The New Final Rule became effective August 10, but due to the need to clarify at that time, OSHA has delayed enforcement until December 1, 2016.
Read FAQ's on the OSHA website