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OSHA Compliance Bulletin

Compliance Bulletin

November 2018

OSHA Clarifies Drug Testing and Incentive Program Rules

 

OVERVIEW

The Occupational Safety and Health Administration (OSHA) has issued a memorandum that reinterprets how its 2016 anti-retaliation rule applies to workplace safety incentive programs and drug testing policies.

Issued on Oct. 11, 2018, the memorandum eases some of the restrictions in OSHA’s previous enforcement guidance on the final rule. In that guidance, OSHA indicated that certain types of programs and policies would likely be considered violations if they involved specified circumstances.  

The new memorandum takes a more permissive approach. It indicates that most types of workplace safety incentive programs and drug testing policies are allowable, as long as employers ensure that they do not discourage or penalize employees for reporting.   

 

ACTION STEPS

Employers should become familiar with OSHA’s new memorandum and review their safety incentive programs and drug testing policies to ensure compliance.

 

IMPORTANT DATES

May 12, 2016

OSHA issued a final rule that prohibits retaliation for injury reporting.

October 19, 2016

OSHA issued guidance on the final rule’s retaliation provisions. 

October 11, 2018

OSHA replaced its 2016 guidance.