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On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, the Memorandum would govern.

Employers must be cognizant of the guidance in the Memorandum to make sure that any negative actions taken regarding their safety incentive program or post-incident drug testing contain adequate precautions to ensure their employees feel free to report an injury or illness.

To read the full GT Alert, click here.

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Photo of Greenberg Traurig Greenberg Traurig

Brett A. Castellat represents government contractors on a multitude of matters dealing with federal and state-level procurements. Brett handles protests before the Government Accountability Office (GAO), Small Business Administration (SBA), and Court of Federal Claims in bid-related disputes involving primarily firms dealing with

Brett A. Castellat represents government contractors on a multitude of matters dealing with federal and state-level procurements. Brett handles protests before the Government Accountability Office (GAO), Small Business Administration (SBA), and Court of Federal Claims in bid-related disputes involving primarily firms dealing with the Department of Defense, Department of Homeland Security, Department of State, and other federal agencies. Brett also handles matters related to the Contracts Disputes Act and disputes between prime contractors and subcontractors. Brett has also assisted in matters related to issues regarding restrictive covenants, such as non-solicitation clauses, between contractors. Brett has also assisted in representation involving regulatory compliance under various regulatory frameworks, including the International Traffic in Arms Regulations, the General Data Protection Regulations, and various ethics related regulatory frameworks, such as those dealing with organizational conflicts of interest and post-employment restrictions, including at the state-level.

Photo of Michael T. Taylor Michael T. Taylor

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety…

Michael Taylor is Chair of the Greenberg Traurig OSHA Practice group. Michael focuses his nationwide practice exclusively on representing employers regarding workplace safety and health matters. Over the last two decades, Michael has represented hundreds of employers during federal and state workplace safety and health litigation, many of which involved a significant injury, fatality, fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael also provides federal and state workplace safety and health compliance counseling, inspection counseling, whistleblower representation, and due diligence reviews for clients. Michael also represents employers regarding Chemical Safety Board investigations in response to a significant fire, explosion, or catastrophic release of a highly hazardous substance in the workplace. Michael has significant experience in the oil, gas, electric utility, grain, construction, and chemical manufacturing industries.

Michael previously served as General Counsel to the federal Occupational Safety and Health Review Commission, the agency in charge of adjudicating workplace safety and health disputes between federal OSHA and the regulated community.

Michael is the Founder and Host of the Greenberg Traurig Workplace Safety Review Podcast, where he interviews influential environmental, health, and safety professionals across the country regarding timely and important topics in the environmental, health and safety world. Recent guests have included Douglas Parker, Assistant Secretary of Labor for Occupational Safety and Health in the Biden Administration; Deborah Harris, Chief of the U.S. Department of Justice Environmental Crimes Section; John Howard, Director of NIOSH and Administrator of the World Trade Center Health Program in the U.S. Department of Health and Human Service; Nadine Mancini, General Counsel of the federal Occupational Safety and Health Review Commission; and Richard Fairfax, former Deputy Assistant Secretary of Labor for federal OSHA.

In 2020, Michael was recognized as a “Labor & Employment Star” in the Benchmark Litigation Labor & Employment rankings, and, in 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety.