OSHA Clarifies Stance on Safety Incentive and Drug Testing Policies

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule that amended its record-keeping regulation and prohibited employers from retaliating against employees for reporting work-related injuries or illnesses, including actions taken under workplace safety incentive programs and post-incident drug testing policies. In a Standard Interpretation issued October 11, 2018, OSHA clarified that the regulation does not prohibit safety incentive programs or post-incident drug testing policies, as long as actions taken under them do not penalize an employee for or discourage an employee from reporting a work-related injury or illness rather than legitimately promote workplace safety and health.