Clarification from OSHA on Incentive Programs and Post-Incident Drug Testing - Updated November 2025

Posted: 6 years, 9 months ago

Posted: November 2025

Many employers have questions about safety incentive programs and post-incident drug testing—especially in light of OSHA’s electronic recordkeeping rules. Here’s the current guidance to help you stay compliant while promoting a safe workplace.

What OSHA Says Today

OSHA has clarified that:

• Post-incident drug testing is not prohibited under the anti-retaliation provisions of OSHA’s electronic recordkeeping rules.

• Safety incentive programs are also permitted as long as they don’t discourage employees from reporting work-related injuries or illnesses.

The key principle: Employers cannot take action to penalize an employee for reporting an injury or illness. Actions taken under a safety incentive program or post-incident drug testing policy are compliant if the intent is to promote workplace safety and health, not to discourage reporting.

How Safety Incentive Programs Can Be Used

OSHA emphasizes that incentive programs are acceptable when they:

• Reward employees for identifying unsafe workplace conditions

• Include training programs that reinforce employees’ rights to report injuries without fear of retaliation

• Encourage a culture of safety rather than simply reducing reported injury rates

For example, an employer can withhold a prize due to a reported injury if they have strong policies and practices ensuring employees feel safe reporting incidents.

Why This Matters

Promoting safety while complying with OSHA rules helps your business:

• Maintain accurate injury and illness records

• Avoid OSHA violations and potential fines

• Build a genuine culture of safety that protects your employees

How We Can Help

Top O’ Michigan is here to guide your business through OSHA recordkeeping requirements and workplace safety programs. We can help:

• Review your safety incentive programs for compliance

• Integrate post-incident drug testing policies correctly

• Ensure your reporting and recordkeeping practices are up to date

Stay compliant and keep your workplace safe. For questions or support, contact our solutions team at 1-800-686-8664.

 

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