OSHA Clarifies that Safety-Incentive Programs and Post-Incident Drug/Alcohol Testing Are Permissible
Posted: Oct 25, 2018
OSHA continues to back away from previous guidance regarding safety-incentive programs and drug/alcohol testing. On October 11, 2018, OSHA issued another significant standard interpretation regarding safety-incentive programs and post-incident drug/alcohol testing. In this new memorandum, OSHA shifts course and clarifies that such programs and testing are permitted if properly drafted and enforced.
First, OSHA has clarified that OSHA does not prohibit most safety-incentive programs. In an important shift, OSHA now acknowledges that safety-incentive programs “can be an important tool to promote workplace safety and health.”