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OSHA-Compliant Safety Incentive Programs:  How to Comply When Using Rate-Based Factors

OSHA-Compliant Safety Incentive Programs: How to Comply When Using Rate-Based Factors

Product Code: YSWA122018

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OSHA-Compliant Safety Incentive Programs: How to Comply When Using Rate-Based Factors

Live Webinar: Thursday, December 20, 2018

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


WEBINAR SNAPSHOT: Learn OSHA’s position on safety incentive programs and how to draft an OSHA-compliant program based on rate-based factors to avoid fines.



More than two years after OSHA promulgated its Final Rule to Improve Tracking of Workplace Injuries and Illnesses, many employers are still struggling to grapple with the vague language provided in the preamble to the final rule and subsequent guidance. Particularly, OSHA’s provisions regarding the relationship between rate-based safety incentive programs and the final rule’s ant retaliation provisions has caused many employers to completely revamp their programs. 

In a recent shift in direction, OSHA released an October 11 memo indicating that rate-based incentive programs are no longer strictly prohibited, but there must be “adequate precautions to ensure that employees feel free to report an injury or illness.” OSHA does not specifically define what constitutes “adequate precautions,” but the guidance offers hints into the agency’s thinking. Employers should take steps to ensure that their safety incentive programs do not ultimately discourage employees from reporting workplace injuries and illness or fall into the trap of illegal retaliation.

Join us on December 20 for an explanation of OSHA’s terms and guidelines involving safety incentives and tips for creating a successful and compliant program.

You’ll learn:

  • The practical impact of the controversial provisions related to safety incentive programs in OSHA’s e-recordkeeping rule
  • How OSHA has viewed safety incentive programs under its Voluntary Protection Programs and the implications for employers that do not participate in the VPP
  • The difference between leading and lagging indicators and best practices for selecting the right metrics to link to incentives
  • The impact of OSHA’s August 18, 2017 Revised VPP Policy Memo #5 and its recent October 11, 2018 Enforcement Memo regarding rate-based safety incentive programs
  • How employers can draft an OSHA-compliant safety incentive program

About Your Presenters:

Dan DeaconDan Deacon, Esq. 
Associate
Conn Maciel Carey LLP

Daniel C. Deacon is an associate in the Washington, DC office of Conn Maciel Carey LLP, working in both the Labor and Employment and OSHA Workplace Safety Practice Groups. Mr. Deacon’s practice focuses on all aspects of occupational safety & health law and labor and employment law. He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies. He also advises and represents employers on a wide range of employment-related issues, including wage and hour disputes, claims of discrimination and harassment, compliance with the Americans with Disabilities Act (ADA), the Affordable Care Act (ACA), and the Family Medical Leave Act (FMLA). 


Aaron GelbAaron Gelb, Esq.
Partner
Conn Maciel Carey LLP

Aaron R. Gelb is a partner in Conn Maciel Carey’s Chicago office.  He represents employers during inspections and investigations conducted by the federal Occupational Safety and Health Administration (OSHA) and state OSH programs, and handles the full range of OSHA litigation, from citation contests to administrative hearings. Mr. Gelb also advises and counsels employers in responding to notices from OSHA about employee complaints of safety hazards and helps develop and audit safety and health programs. He has extensive experience litigating equal employment opportunity matters in federal and state courts having tried a number of cases to verdict and defending employers before the EEOC as well as fair employment agencies across the country.

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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