Clarification on Safety Incentive Programs and Post-Incident Drug Testing
"On May 12, 2016, OSHA published a final rule that, among other things, amended 29 C.F.R. § 1904.35 to add a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. In the preamble to the final rule and post-promulgation interpretive documents, OSHA discussed how the final rule could apply to action taken under workplace safety incentive programs and post-incident drug testing policies.
The purpose of the October 11, 2018 OSHA memorandum below (link provided) is to clarify the OSHA’s position on workplace safety incentive programs and post-incident drug testing: