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.