OSHA Clarifies Position on Incentive Programs

02 Jul
drug testing


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OSHA has issued a memorandum to clarify the agency’s position regarding workplace incentive programs and drug testing. OSHA’s rule prohibiting employer retaliation against employees for reporting work-related injuries or illnesses does not prohibit workplace safety incentive programs or post-incident drug testing. The Department believes that these safety incentive programs and/or post-incident drug testing is done to promote workplace safety and health. Action taken under a safety incentive program or post-incident drug testing policy would violate OSHA’s anti-retaliation rule if the employer took the action to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health. For more information, see the memorandum

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