Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under

Yesterday, the Occupational Health and Safety Administration (“OSHA”) issued a letter of interpretation clarifying their position on the new recordkeeping rule’s anti-retaliation provisions: https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11.

 

The letter of interpretation appears to address most concerns employers had about safety incentive programs and post-accident drug testing.  OSHA also states that the letter of interpretation supersedes any guidance issued by the agency related to the two issues.