Drug Testing

Are Safety Incentive Programs Legal Under OSHA? What 1904.35 Actually Prohibits

Yes. Safety bonuses, zero-injury awards and post-incident drug testing are all legal under 29 CFR 1904.35(b)(1)(iv). What the rule prohibits is punishing a worker for reporting. OSHA's 2018 position, the precautions that keep a rate-based program lawful, and the program designs OSHA calls always permissible.