Employee X was injured when he inadvertently drove a forklift into a piece of stationary equipment, and he reported the injury to Employer. Employer required Employee X to take a drug test. Did Employer violate section 1904.35(b)(1)(iv) for drug testing Employee X?

No. Because Employee X's conduct-the manner in which he operated the forklift-contributed to his injury, and because drug use can affect conduct, it was objectively reasonable to require Employee X to take a drug test after Employer learned of his injury. Drug testing an employee who engaged in conduct that caused an injury is objectively reasonable because conduct can be affected by drug use.

FAQ ID: 630