New Guidance on Post-Accident Drug-Testing and Safety Incentive Programs: How to Comply with OSHA’s ‘Reasonable’ Reporting and Anti-Retaliation Provisions

OSHA’s 2016 final rule updated requirements for reporting work-related injuries and illnesses, which also included a new provision that explicitly addressed retaliation for reporting incidents. OSHA has also released a memo providing guidance on how to comply with the various requirements found in the final rule. The memo specifically addresses an employer’s obligation to have reasonable procedures in place for employees to report injuries and illnesses and the issue of retaliation for reporting work-related injuries or illnesses. This session will cover your compliance obligations concerning post-incident drug and alcohol testing and incentive programs—and will help you understand when you could be at risk for violating the anti-retaliation provision of the rule, according to OSHA’s recent memo.

You’ll learn:

  • The key parts OSHA’s recently released memorandum addresses concerning:
    • Incentive programs
    • Anti-retaliation
    • Post-incident drug and alcohol testing expectations relative to your injury
      and illness reporting process
  • What recent OSHA violation activity relative to reporting and recording injuries and illnesses signals
  • Tips for reviewing whether your reporting and recordkeeping program is compliant and up to-date-considering new developments concerning post-incident drug and alcohol testing and safety incentives
  • How to assess your existing recordkeeping and reporting components to ensure that they are fully compliant with OSHA interpretations and directives