OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing

On October 11, 2018 OSHA issued a memorandum clarifying the agency’s position Workplace Safety Incentive Programs and Post-Incident Drug Testing under 29 CFR 1904.35(b)(1)(iv). In the memorandum, OSHA states that this rule, issued on May 12, 2016, does not prohibit workplace safety incentive programs or post-incident drug testing. The rule was issued to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. OSHA, in the memorandum, provides examples of permissible drug testing and workplace incentive programs. This memorandum seems to reverse and explicitly supersedes memorandums OSHA issued shortly after the promulgation of this rule in 2016.

Source:

OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing, Memorandum, October 11, 2018.