OSHA Clarifies Position on Drug Testing and Safety Incentive Programs

In line with AGC recommendations, the U.S. Occupational Safety and Health Administration (OSHA) issued an  October 11 memorandum clarifying the agency's position that its rule prohibiting employer retaliation against employees for reporting work-related injuries or illnesses does not prohibit workplace safety incentive programs or post-incident drug testing. The agency expressed a belief that many employers who implement safety incentive programs and/or conduct post-incident drug testing do so to promote workplace safety and health. Any action taken under a safety incentive program or post-incident drug testing policy would only violate OSHA's anti-retaliation rule if the employer took the action to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health.
For more information, contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org.


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