Federal Spotlight: OSHA Memo on Drug Testing and Incentive Programs

October 25, 2018

During President Obama’s time in office, the Occupational Safety and Health Administration approved a regulation that made it difficult for employers to offer wellness incentives and also to conduct post-incident drug and alcohol testing. According to the National Association of Manufacturers, OSHA issued a new memorandum under which manufacturers may once again use post-incident drug testing under specific parameters and properly designed safety incentive programs to accomplish the important mission of promoting workplace safety. Read the blog from the NAM. In addition to the OSHA memo, last week the Trump Administration released the fall regulatory agenda, which included multiple rulemakings from the joint employer standard to tip regulations under the Fair Labor Standards Act. See the full regulatory agenda list for the DOL.