OSHA Memorandum Takeaways: Incentive Programs & Post Incident Drug-Testing

On Friday, October 11th, many in the safety world received a memorandum from OSHA regarding Workplace Safety Incentive Programs and Post-Incident Drug Testing. While the memorandum is helpful in clarifying issues, the language and structure used throughout can be difficult to understand. Below are what we at FDRsafety believe are the most important takeaways.

1. Create incentive programs based on safe practices and accident reporting, not just low accident rates.

The memorandum goes into detail on the good and bad of safety incentive programs but the most important takeaway here is to build a safety program that encourages open communication on safety related incidents and issues. A program that specifically rewards a low recordable rate can cause employees to hide injuries or incidents out of fear of damaging the recordable rate. An incentive program based solely off of numbers is destined to fail, as it’s focus is keeping a number low, not creating a safer workplace.

2. Drug testing should be used as a tool for investigating accidents, not as a punishment.

When discussing post-incident drug testing, the memorandum is clear on OSHA’s stance on drug testing. If the employer believes that employee conduct could have directly led to an incident or injury, they should test all employees involved, not just those who reported injuries. If an incident occurs and employee error could be the reason, an employer has the right to determine if drugs or alcohol played a role in the accident.

With that being said, drug testing an employee for reporting an injury or incident that could not have been caused by drug use could lead to an OSHA violation. The idea here is to use drug testing as an investigative tool to help determine the cause of an accident or injury, not as a tool for punishment.

FDRsafety provides full service safety staffing, expert witness, and safety training  for a wide variety of industries and workplaces. Our industry leading placement service will quickly and seamlessly fill your need for an on-site safety professional. For a FREE consultation, please contact Flavius Brown, Vice President at FDRsafety.