The Occupational Safety and Health Administration (OSHA) has rolled back Obama-era guidance on safety incentive programs and post-accident drug testing. OSHA has a rule prohibiting employer retaliation against employees for reporting work-related injuries or illness. In its latest guidance (a memorandum published October 11, 2018), OSHA clarified that workplace safety incentive programs and
Steve Matzura
Enforcement of OSHA’s Silica Standards in Full Swing
By Steve Matzura on
Posted in Employer Liability, Workplace Trends
In March 2016, OSHA published its standards for respirable crystalline silica in general industry/maritime (29 C.F.R. § 1910.1053) and in construction (§ 1926.1153), both of which have been phased in. OSHA has been enforcing the construction standard for about a year (since September 23, 2017), and this summer the standard for general…
OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now
By Steve Matzura on
Posted in Employer Liability, Workers' Compensation
On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based employer safety incentive programs. As McNees previously reported, OSHA delayed enforcement of these parts of its final rule, aimed to “Improve …