Clarity is not a word usually associated with OSHA. So on a few levels, this is fascinating. The statutes below are ones where clarity has given way to the usual murkiness associated with OSHA, so it’s nice to see some definition to their expectations.
On October 11, 2018, OSHA issued a memorandum clarifying its position about which safety incentive programs or drug testing policies would violate §1904.35. In its memorandum, OSHA said it doesn’t prohibit safety incentive programs or post-incident drug testing. These programs can still promote safety and health in the workplace. Employers can still reward workers for reporting near-misses or hazards. However, employers can’t structure their safety and reward programs in a way that discourages employees from reporting workplace injuries or illnesses. Read more here.