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ARTICLE · 15 NOVEMBER 2018

US Employment Litigation Round-Up For October 2018

Mayer Brown
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On October 11, 2018, the Occupational Safety and Health Administration ("OSHA") issued a guidance memorandum to its regional administrators and state designees clarifying the agency's position on workplace safety incentive programs and post-incident drug testing.

United StatesEmployment and HR
Andrew Rosenman
Andrew Rosenman
Ruth Zadikany
Ruth Zadikany
Corwin J. Carr
Corwin J. Carr
Richard Nowak
Richard Nowak
Daniel Queen
Daniel Queen
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OSHA Issues Guidance Memorandum on Employer Safety Incentive Programs and Post-Incident Drug Testing

Regulatory Development: On October 11, 2018, the Occupational Safety and Health Administration ("OSHA") issued a guidance memorandum to its regional administrators and state designees clarifying the agency's position on workplace safety incentive programs and post-incident drug testing. In May 2016, OSHA published a final rule amending 29 C.F.R. § 1904.35 that, among other things, prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. In the preamble to that rule and in other interpretive documents, OSHA explained that the prohibition against retaliation can apply to actions taken by employers in accordance with their workplace safety incentive programs and post-incident drug testing policies. However, OSHA provided little guidance to employers regarding how to determine when such actions would violate the

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