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)).

Full access to Katten Safety Advisory Group alerts is restricted to members. For more information on KSAG, please click here. If you are interested in membership in KSAG, please email KSAG@katten.com