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OSHA memo clarifies safety programs and post-incident drug testing

  • By: NDA
  • On: 10/22/2018 09:08:57
  • In: Safety
  • Comments: 0
Recently, the Occupational Safety and Health Administration (OSHA) issued a memorandum clarifying how the prohibition against employee retaliation for reporting work-related injuries or illnesses applies to specific safety incentive programs and post-incident drug testing policies.
That prohibition was included in OSHA's final rule on electronic injury and illness reporting which was issued on May 12, 2016. OSHA had suggested that certain safety incentive programs and post-incident drug testing could discourage employees from reporting injuries and illnesses and would be prohibited by the rule. With respect to safety incentive programs, OSHA indicates in the memorandum that rate-based incentive programs are permissible under the regulation, provided the employer has implemented adequate precautions to ensure that employees feel free to report an injury or illness.

NDA encourages members to re-examine their safety incentive programs and post-incident drug testing programs, taking the memorandum into consideration.


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