The Occupational Safety and Health Administration ("OSHA") issued a memorandum, on October 11, 2018, clarifying its position on the permissibility of safety incentive programs and post-incident drug testing. The memorandum supplements OSHA's 2016 rule prohibiting retaliation against employees reporting work-related injuries or illnesses (29 C.F.R. § 1904.35(b)(1)(iv)).

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