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The Occupational Safety and Health Administration (OSHA) recently released regulation 29 C.F.R 1904.35(b)(1)(iv) that prohibits employers from discharging or discriminating against an employee for reporting a work-related injury or illness. Clarification of OSHAs Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. 1904.35(b)(1)(iv) clarifies that safety incentive programs are retaliatory and unlawful only if they seek to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health. The new guidance supersedes any other interpretative documents, which could be construed as inconsistent with the new guidances position.

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