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drug testing considered an incident

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Published by SALUS

The documents provided do not directly address whether drug testing is considered an incident. However, they do discuss incident investigations and reporting requirements.

Generally, an incident is an unplanned event that results in, or could have resulted in, injury, illness, or damage. Whether a drug test is considered an incident depends on the circumstances. For example, if a drug test is administered following an accident or near-miss, it would likely be part of the incident investigation [1]. The purpose of incident investigation is to learn from past experiences and prevent future mistakes [2].

Incident investigations should be initiated promptly, ideally within 48 hours of the incident 3, 9. A multidisciplinary team should be assembled to investigate, gather facts, analyze the event, and develop plausible scenarios 6, 7. The focus should be on obtaining facts, not placing blame 6, 7.

The incident investigation report should include the date of the incident, the date the investigation began, a description of the incident, contributing factors, and recommendations 3, 9. The report should be reviewed with affected personnel, and resolutions and corrective actions should be documented [3]. Incident investigation reports should be retained for five years 2, 3.

If the drug test reveals that an employee is under the influence of drugs or alcohol, this could be a contributing factor to the incident and should be documented in the investigation report.

3 source record(s)

Sources used for this answer

[1] Rules for the Administration of the Oregon Safe Employment Act (General Occupational Safety and Health, Division 2, OSHA Oregon)

Page 611

Open source document

Source excerpt

Oregon Occupational Safety and Health Division Division 2 - (2) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident. - (3) An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident. - (4) A report shall be prepared at the conclusion of the investigation which includes at a minimum: - (i) Date of incident; - (ii) Date investigation began; - (iii) A description of the incident; - (iv) The factors that contributed to the incident; and - (v) Any recommendations resulting from the investigation. - (5) The employer shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented. - (6) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable. - (7) Incident investigation reports shall be retained for 5 years. - (n) Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38(a). In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120(a), (p) and (q). Note: 1910.38 is now OAR [redacted phone]. - (o) Compliance Audits. - (1) Employers shall certify that they have evaluated compliance with the provisions of this section at least every 3 years to verify that the procedures and practices developed under the standard are adequate and are being followed.

[2] Occupational Safety and Health Standards (OSHA 29 CFR 1910)

Page 30

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Source excerpt

## 29 CFR 1910 (OSHA) incident investigation is for employers to learn from past experiences and thus avoid repeating past mistakes. The incidents for whicn OSHA expects employers to become aware and to investigate are the types of events which result in or could reasonably have resulted in a catastrophic release. Some of the events are sometimes referred to as 'near misses,' meaning that a serious consequence did not occur, but could have. Employers need to develop in-house capability to investigate incidents that occur in their facilities. A team needs to be assembled by the employer and trained in the techniques of investigation including how to conduct interviews of witnesses, needed documentation and report writing. A multi-disciplinary team is better able to gather the facts of the event and to analyze them and develop plausible scenarios as to what happened, and why. Team members should be selected on the basis of their training, knowledge and ability to contribute to a team effort to fully investigate the incident. Employees in the process area where the incident occurred should be consulted, interviewed or made a member of the team. Their knowledge of the events form a significant set of facts about the incident which occurred. The report, its findings and recommendations are to be shared with those who can benefit from the information. The cooperation of employees is essential to an effective incident investigation. The focus of the investigation should be to obtain facts, and not to place blame. The team and the investigation process should clearly deal with all involved individuals in a fair, open and consistent manner. 13. Emergency Preparedness. Each employer must address what actions employees are to take when there is an unwanted release of highly hazardous chemicals. Emergency preparedness or the employer's tertiary (third) lines of defense are those that will be relied on along with the secondary lines of defense when the primary lines of defens

[3] Occupational Safety and Health Standards (OSHA 29 CFR 1910)

Page 12

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Source excerpt

## 29 CFR 1910 (OSHA) - (2) The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file until completion of the hot work operations. - (l) Management of change. (1) The employer shall establish and implement written procedures to manage changes (except for 'replacements in kind') to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process. - (2) The procedures shall assure that the following considerations are addressed prior to any change: - (i) The technical basis for the proposed change; - (ii) Impact of change on safety and health; - (iii) Modifications to operating procedures; - (iv) Necessary time period for the change; and, - (v) Authorization requirements for the proposed change. - (3) Employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process. - (4) If a change covered by this paragraph results in a change in the process safety information required by paragraph (d) of this section, such information shall be updated accordingly. - (5) If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section, such procedures or practices shall be updated accordingly. - (m) Incident investigation. (1) The employer shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace. - (2) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the inciden

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