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Safety Incentives and Awards: Creating an Effective Program That Won’t Raise Red Flags with OSHA

Safety Incentives and Awards: Creating an Effective Program That Won’t Raise Red Flags with OSHA

Product Code: YGWA031218

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Safety Incentives and Awards: Creating an Effective Program That Won’t Raise Red Flags with OSHA

Live Webinar: Monday, March 12, 2018

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

WEBINAR SNAPSHOT: Penalties for OSH Act’s anti-retaliation provision can reach upwards of $129,336—Learn how to manage safety incentives and discipline to avoid fines in 2018 and beyond.

OSHA’s 2016 electronic recordkeeping final rule formalized its anti-retaliation policies that target certain safety incentive and discipline programs. It has even classified some post-accident drug testing as retaliatory, with violations triggering fines of up to $129,336 per affected worker. Incentive programs that deprive a worker of a benefit due to an injury are also now violations that can trigger both citations and whistleblower actions under Section 11(c) of the OSH Act. In addition, failure to impose appropriate discipline for safety and other infractions can lead to litigation for discrimination on a variety of grounds, including NLRA actions.

Join us on March 12th when Adele Abrams, a skilled attorney and safety professional, will outline compliance obligations under OSHA’s 2016 final rule, and help participants distinguish between permissible and impermissible incentive, discipline, and drug testing programs. The proactive rule of supervisors will also be examined.

You’ll learn:

  • What is required under the revised OSHA rules, 29 CFR 1904.35 and 1904.36.
  • How the OSHA 2012 policy on incentive and discipline programs distinguishes between legal and illegal approaches to safety management.
  • Under what circumstances employers can drug test injured workers, and why OSHA considers this “discipline” that may violate Section 11(c) of the OSH Act.
  • The distinctions between disciplinary approaches under a PIP, under a progressive discipline program, and under a collective bargaining agreement.
  • The role of supervisors in leading by example, providing timely feedback and guidance on safe work practices, and documenting disciplinary decisions.

About Your Presenter:

Adele L. Abrams, Esq., CMSPAdele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC

Adele L. Abrams is an attorney and Certified Mine Safety Professional who is president of the Law Office of Adele L. Abrams P.C., a multi-attorney firm with offices in Beltsville, MD, Denver, CO, and Charleston, WV. The firm represents employers in OSHA and MSHA litigation nationwide. Adele and her firm colleagues also provide consultation, safety audits, industrial hygiene assistance, and training services to companies in a variety of industries. Adele is a member of multiple state bars and federal courts, including the U.S. Supreme Court. She is an active member of the National Safety Council, where she was awarded the Distinguished Service to Safety Award (DSSA) in 2017. She also chairs the Business & Industry Division’s committee on Regulatory, Standards and Legal Affairs, and was an initial co-chair of the NSC’s Women’s Caucus. She is a professional member of the American Society of Safety Engineers, and is a multiple recipient of the ASSE Safety Professional of the Year Award. Adele has co-authored several textbooks on occupational and mine safety and health, and business law.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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