If both employees agree nothing happened. What basis is there to file an incident report and what grounds for requiring a drug test?

I work construction and was driving a company truck yesterday. The flagman at the entrance of our current worksite and I work for the same company. I pulled up to the entrance and signaled to him. I waited for him to signal for me to proceed, than slowly turned onto the site and drove past him to the parking lot. Since He didn't step back as I drove by he was very close to the truck. After parking the truck I walked over and apologized for being so close and almost hitting him. He said "it's ok, nothing happened." We chatted a few minute and that was the end of it. Or so we both thought. Someone decided to make a bigger deal about it and have an incident report filed. Even though the coworker and I explained what happen and we both agreed nothing happened we were told we had to write a statement for the report, go have a drug test done and go home. We have to wait for the results of the drug test before we can go back to work. So I get to lose hours sitting at home waiting for the test results. I can't afford to lose pay hours so I'll end up using vacation time to make up for it. Isn't this a violation of my rights according to OHSA?

4 Answers

  • 10 months ago

    Do you really think OSHA regulations say "Unless the employees involved agree that nothing happened."? This is a law. Laws aren't written that way.

    • Login to reply the answers
  • 10 months ago

    Just because the two of you were fortunate enough that nothing happened doesn't mean there wasn't the potential for an accident. It is that potential for an accident or injury that is motivating your employer to investigate what happened and to take measure to ensure that another such incident doesn't happen again.

    • Login to reply the answers
  • Anonymous
    10 months ago

    When it comes to OSHA regulations when a violation is seen it is to be reported. To conspire to cover up the incident (which is what you two did) does not help either of your cases.

    The simple fact is that if this happened to a crew I was running- you both would have been fired!

    Both myself and the companies I worked for do not like OSHA fines. We dislike funerals even more. What we hate more then the two of them put together is for some family to loose the person who provided the income to keep the roof over their heads, food on the table and cloths on their backs.

    While it may not have killed or injured you- it appears that some one else could have gotten killed or injured!

    Now if you can just brush that off as lightly as you appear to have done- maybe you need more time away from work to learn the lesson.

    • ...Show all comments
    • Chad & Tier10 months agoReport

      The flagman even said if he thought I was too close he had plenty of room to simply take a step back. you're doing the same thing as the other workman. Making the assumption I zoomed through the gate without even seeing it. You have to stop first to make the sharp left turn at the gate. .

    • Login to reply the answers
  • They observed a situation which in their opinion was close to being an accident.

    An accident which would have left the company open to a large law suit.

    That is enough basis in a corporate situation to merit a drug test.

    If you had driven over him, he wouldn't have just sued you. So he doesn't get to choose to not have an incident investigated.

    • Chad & Tier10 months agoReport

      OK, the problem is it wasn't a foreman or super that observed it, just another workman on site. He claims he saw me hit the flagman and knock him back. The flagman told the supervisor I was only going 2-3 mph when I pass him and the truck never touch him.

    • Login to reply the answers
Still have questions? Get your answers by asking now.