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Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

Tuesday October 16, 2018

OSHA issued a memorandum to Regional Administrators and State Designees last week on OSHA preamble items that had been written into to the Injury/Illness Rule by the Obama administration.

In our opinion, this memorandum returns prudence and presumption of fact-based thinking to the way that employers will be looked at by OSHA. Managing safety incentive programs and the use of post-incident drug testing to determine root causes of workplace incidents is no longer presumed to be prejudicial to an employee’s right to report injuries and illnesses.

We believe that this is a GIANT STEP in the right direction towards reasonable expectations for employers managing Safety Incentives and Post-Incident Drug testing.

See attached summary for more details.


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