Requirements and Prohibitions Regarding Post-Injury Drug-Testing and Safety Incentive Programs: How to Comply with OSHA’s ‘Reasonable’ Reporting and Anti-Retaliation Provisions

OSHA’s 2016 final rule introduced for the first time a requirement for thousands of employers to proactively submit to OSHA their historically private workplace injury and illness data, which OSHA was determined to publish online. Because OSHA feared this new requirement would cause employees and employers to under-report, under-record and otherwise try to artificially reduce recordable injuries, the new rule included a provision that explicitly obligated employers to maintain “reasonable” internal injury reporting procedures. OSHA issued subsequent guidance indicating that certain post-injury drug testing policies as well safety incentive programs with rewards tied to injury rates are inherently retaliatory. Cal/OSHA has been required by fed OSHA to adopt a substantially similar regulation within 6 months of the effective date of the federal regulation, so California employers should become very familiar with these requirements and prohibitions. This session will cover your compliance obligations concerning post-incident drug and alcohol testing and safety 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 guidance.
You’ll learn:

  • The key parts OSHA’s recently released memorandum addresses concerning:
    • Reasonable internal injury reporting policies
    • Post-incident drug and alcohol testing policies
    • Safety incentive programs
    • Compensation and bonus formulas linked to injury rates
    • Post-injury discipline
  • Recent OSHA enforcement activity related to injury and illness reporting and recordkeeping
  • Steps employers should take now to come into compliance and prepare for enforcement under the new rule