OSHA-Compliant Incentive Programs

Many employers utilize incentive programs to reward employees for compliance with company safety policies. Many of these programs utilize a system of rewards based upon the number of consecutive days a facility has been without a reportable work-related accident or illness. New OSHA anti-retaliation regulations make such programs violations of OSHA standards subjecting employers to legal sanctions even without the filing of an employee complaint.

New anti-retaliation regulations are intended to emphasize OSHA's prohibition against employers taking adverse action against employees simply because they report work-related injuries or illnesses. How does this impact safety incentive programs? OSHA has specifically held that an incentive program which withholds a benefit (such as a cash prize, gift certificate or other substantial reward) in the event of an injury or illness report, violates its anti-retaliation rules. For example, an employer's promise to raffle off a