OSHA’s misguided view on safety incentive programs

OSHA is again taking a misguided stand against safety incentive programs as part of an effort to protect workers from retaliation for reporting injuries or illnesses.

As reported by InsideOSHAonline.com, the agency has drafted a policy paper titled “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation,” that will be finalized after the agency considers public input, due Jan. 19. OSHA says the paper is intended to guide employers on creating a non-retaliatory work environment.

OSHA’s theory is that workers may be intimidated from reporting injuries or illnesses by programs that reward employee work groups with prizes for low injury or illness rates or that tie those rates to bonuses for supervisors.

The problem with that theory is that many companies with excellent safety programs and a strong commitment to safety use incentive programs. In my view, they ought to be allowed to continue to do so if they choose.

A fairer way to address alleged instances of retaliation is for OSHA to be required to identify an injury or illness that was not reported and prove that the failure to report was due to intimidation.