OSHA published a memorandum, clarifying the Department of Labor’s position on workplace safety incentive programs and post-incident drug testing under 29 C.F.R. § 1904.35(b)(1)(iv). Since this rule’s publication, numerous questions have come in regarding what kinds of programs are permissible, and what kinds of drug testing policies are allowed under Department of Labor rules. This memorandum provides additional guidance regarding those issues.
If you are not able to access the link, please copy and paste it in the address bar of your web browser: https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11.