OSHA Clarifies Position on Post-Incident Drug Testing and Safety Incentive Programs

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In a previous newsletter we wrote about OSHA’s 2016 retaliation regulation and associated guidance, which had explained examples of post-accident drug-testing and safety incentive as instances of unlawful retaliation. OSHA’s 2016 retaliation rule left employers uncertain about what programs were permissible and whether they would face citations for longstanding safety programs aimed at encouraging safe behaviors and reducing injury rates.