Updates: Post-Incident Drug Testing, Workplace Safety Incentive Programs, California Proposition 65
OSHA’s Memorandum on Post-Incident Drug Testing and Safety Incentive Programs
On October 11, 2018, the Occupational Safety and Health Administration issued a memorandum clarifying its position on post-incident drug testing and workplace safety incentive programs. I have already seen several interpretations of this new guidance from OSHA, and after having reviewed them, I am concerned that some people are interpreting this new guidance too liberally. I know that many National Frame Building Association members rely on post-accident drug testing as part of their accident investigation procedure, so it is important for them to understand the contents of the interpretative memorandum issued by OSHA.
The new interpretive memorandum by OSHA announces a partial lifting of the prohibition of mandatory post-accident drug testing and also a partial lifting of the prohibition of rate-based safety incentive programs. I say “partial” because I feel that OSHA’s new interpretation has some strings attached.