Back to News

OSHA Pulls Back on Previous Guidance with New Position

Published on

November 5, 2018

The Occupational Safety and Health Administration has clarified its position on workplace safety incentive programs and some post-accident drug testing programs.

The October guidance – “Clarification of OSHA’s Position on Workplace Safety Incentives and Post-Accident Drug Testing” – changes course from previous guidance which contended that workplace safety incentive programs and some post-accident drug testing programs may be a deterrent to employees reporting work-related injuries. That put it in direct contention with a previous OSHA regulation.

The new guidance pulls back on this position and provides that workplace safety incentive programs are permissible unless they penalize an employee for reporting a work-related injury or illness. The guidance notes permissible elements of a workplace safety incentive program that would likely counterbalance any deterrent effect such as an incentive program that rewards employees for identifying unsafe conditions, a training program that reinforces reporting rights and emphasizes the employer’s non-retaliation policy and a mechanism for accurately evaluating employees’ willingness to report injuries and illnesses.

The guidance also states that “most instances of workplace drug testing are permissible.” The guidance notes that drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees is acceptable. However, if the employer chooses to use a drug test to evaluate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.

We encourage employers to review their drug testing policies to ensure that post-accident testing meets OSHA regulations and guidance. We further encourage employers with workplace safety incentive programs to review such programs to ensure that permissible elements of the program as identified by OSHA are incorporated into their programs.

The Barley Snyder Employment Practice Group regularly reviews such policies and programs. Please contact me or any member of our group for assistance.


Related News

View More News
Press Release
April 11, 2025

Barley Snyder Named to Central Penn Business Journal’s Best Legacy Businesses List

For Immediate Release Lancaster, Pa. – Barley Snyder is proud to announce its inclusion in the Central Penn Business Journ...

Learn More
Press Release
April 2, 2025

Barley Snyder Welcomes Attorney Sarah Doyle to York Office

For Immediate Release York, Pa. – Barley Snyder is pleased to announce that attorney Sarah L. Doyle has joined the firm in ...

Learn More
Press Release
March 28, 2025

Barley Snyder Managing Partner Jennifer Craighead Carey Named to CPBJ Power 100 List

For Immediate Release Lancaster, Pa. – Barley Snyder managing partner and CEO Jennifer Craighead Carey has been named to th...

Learn More

Other Upcoming Events

View All Upcoming Events
May
06
8:00 am
-
5:00 pm
event
Location

42nd Annual Employment Law Seminar

Learn More
Jun
03
7:30 am
-
12:00 pm
event
Location

Wake Up With Barley – A Morning on Real Estate 2025

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers