Post-Accident Drug Testing and OSHA Recordkeeping: Avoiding Retaliation Traps
Post-accident drug testing isn't banned, but testing used to deter or punish injury reporting, rather than for a real safety reason, can violate 1904.35.
4 min readUpdated
Topic · 7 guides
OSHA Record Access Guides
OSHA injury records are not only for OSHA. Under 29 CFR 1904.35, employees, former employees, their personal representatives and authorized employee representatives have a right to see them. When one of them asks for the 300 Log for an establishment where the employee worked, you must provide a copy by the end of the next business day. An employee or former employee who asks for the 301 about their own case also gets it by the end of the next business day. An authorized employee representative who asks for 301 reports gets the section titled "Tell us about the case" within seven calendar days. The first copy is free.
~4 min average readUpdated
Government representatives get faster service: under 29 CFR 1904.40 you must provide the records within four business hours of the request.
The same section requires a reasonable procedure for employees to report injuries and illnesses, and says a procedure is not reasonable if it would deter or discourage a reasonable employee from reporting. You must tell employees that they have a right to report and that retaliation is prohibited. The guides below cover each request type, inspection requests, post-accident drug testing, and how to avoid retaliation traps.
Free tool
OSHA Recordkeeping Deadlines
Posting, ITA, and reporting windows with a live countdown.
Open the deadline calendarFree. No signup.
Employee access
Every guide in this topic
7 guides
OSHA Record Requests During an Inspection: What to Provide and When
When an OSHA inspector or other authorized government representative asks for your Part 1904 records, provide copies within four business hours.
4 min readUpdated
OSHA Recordkeeping and Retaliation: What Safety Leaders Should Avoid
You may not fire or discriminate against employees for reporting work-related injuries, under 1904.35(b)(1)(iv) and OSH Act section 11(c).
4 min readUpdated
OSHA Injury Reporting Procedures: What Counts as Reasonable?
A reporting procedure is reasonable if employees can use it promptly and accurately and it would not deter a reasonable employee from reporting.
4 min readUpdated
Authorized Employee Representative Access to OSHA Injury Records
A union representative gets the 300 Log by the next business day and the 301s' “Tell us about the case” section within 7 calendar days.
4 min readUpdated
Employee Access to the OSHA 300 Log: The Next Business Day Rule
When an employee or representative asks for the 300 Log, you have until the end of the next business day to hand over a copy.
4 min readUpdated
Employee Access to OSHA 300 Logs: What Employers Should Be Ready to Provide
Current and former employees, their personal representatives and authorized employee representatives can get a copy of the 300 Log by the next business day.
4 min readUpdated
Recordability22
Electronic submission18
Forms 300, 300A & 30112
Work-relatedness12
Covered employees9
DART & day counts9
Deadlines9
Severe injury reporting8
Retention & updates7
Scope & exemptions6
Audits & quality5
Incidence rates5
Multiple establishments5
Privacy cases5
Software5
300A certification4
AI & terminology3
Filing FAQs1
Penalties1
From guide to log
Keep the log, the 301s and the 300A in one place
300log turns each case into its OSHA 300 Log entry and 301 report, keeps privacy cases off the shared log, totals the 300A and files it with OSHA's ITA for you as soon as you authorize it.