New OSHA Enforcement Memo

In March, OSHA released a new enforcement memo on “Employee Safety Incentive and Disincentive Policies and Practices.” This new memo addresses areas that OSHA considers the most commonly potential discriminatory policies.

For example:

1. Employees who are disciplined for reporting an illness or injury and the stated reason is that the employee has violated an employer rule about the time/manner for reporting the illness or injury.
2. Policies taking disciplinary action against employees who are injured on the job, regardless of the circumstances surrounding the injury.  Reporting an injury is always a protected activity.
3. Employers establish programs that intentionally or unintentionally provide employees with an incentive to not report injuries. For example, entering all employees who have been injury free in the previous year in a drawing to win a prize. Or, a team of employees may be awarded a bonus for being injury free.
4. Employees are disciplined for reporting an injury and such discipline is based on a vague safety rule such as a requirement that an employee “work safely.” OSHA encourages employers to maintain and enforce legitimate workplace safety rules in order to eliminate or reduce workplace hazards and prevent injuries from occurring in the first place. In some cases, however, an employer may attempt to use a work rule as a pretext for discrimination against a worker who reports an injury.

After you have read the above, please take a moment to review your Safety Incentive Program and ensure that it’s legal!

For more information, here's the link: http://www.osha.gov/as/opa/whistleblowermemo.html