The Safetypro Podcast - Helping You Manage Workplace Safety One Episode At A Time!

Powered by iReportSource OSHA has changed course in its view of employers' post-incident drug testing programs and injury rate-based incentive programs. In a Memorandum to Regional Administrators and State Designees published October 11, the Agency now says most of these types of programs do not run afoul of the anti-retaliation provisions of the injury and illness recordkeeping regulation at §1904.35(b)(1)(iv). This is a massive shift in policy guidance from that published when the Agency issued the final rule in May 2016 requiring employers to submit injury and illness records electronically. As part of that rulemaking, OSHA added a provision that employers do not have any barriers for employees to report injuries or illnesses. The rule also said that employers could not discriminate or punish employees for being injured. While the rule itself didn't address drug testing or incentive programs, policy guidance published along with it indicated that most post-incident drug testing programs would be in violat