OSHA Reverses Course On Safety Incentive Programs and Drug Testing


On May 12, 2016, OSHA published a final rule that, among other things, added a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. See 29 C.F.R. § 1904.35(b)(1)(iv) The agency subsequently published guidance clarifying that certain workplace safety incentive programs and post-accident drug testing programs could deter reporting and therefore violate the new anti-retaliation rule.

On October 11, 2018, OSHA reversed course in its interpretation of the anti-retaliation rule.

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