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Safety Incentives, Discipline, and Drug Testing: Staying on the Right Side of OSHA's Anti-Retaliation Provisions - On-Demand

Safety Incentives, Discipline, & Drug Testing: Staying on Right Side of OSHA's Anti-Retaliation Provisions - On-Demand

Product Code: YGWA041618D

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Safety Incentives, Discipline, and Drug Testing: Staying on the Right Side of OSHA's Anti-Retaliation Provisions - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Join this on-demand webinar to learn how to distinguish between permissible and impermissible incentive, discipline and drug-testing programs to improve your safety engagement and avoid OSHA penalties.

OSHA’s 2016 final rule to improve tracking of workplace injuries and illnesses formalized the agency’s anti-retaliation policies with a provision that has major implications for employer safety incentive programs, disciplinary strategies, and post-accident drug testing. Under the provision, some post-accident drug testing and disciplinary actions can trigger fines of up to $129,336 per affected worker. Certain safety incentive programs that OSHA believes lead to underreporting of injuries and illnesses can also trigger both citations and whistleblower actions under Section 11(c) of the OSH Act. At the same time, failure to impose appropriate discipline for safety and other infractions can lead to litigation for discrimination on a variety of grounds, including NLRA actions.

Use this on-demand webinar when Adele Abrams, an attorney and safety professional, will outline compliance obligations under OSHA’s anti-retaliation provisions; help participants distinguish between problematic and permissible incentive, discipline, and drug testing programs; and examine the key role of front-line supervisors in keeping your programs on the right side of the line.

You’ll learn:

  • What is required under OSHA’s rules for employee involvement in recordkeeping and protection against discrimination at 29 CFR 1904.35 and 1904.36.
  • How OSHA’s 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 AbramsAdele 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. 

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