OSHA Law Blog : Occupational Safety Lawyer & Attorney : Jackson Lewis Law Firm : Health, OSHA Compliance

On Wednesday, May 12, at 3:00 pm ET, OSHA Assistant Secretary David Michaels will lead a special free webcast related to the issue of safety incentive programs.  Titled "A Conversation with Assistant Secretary for OSHA Dr. David Michaels:  What to do About Safety Incentives," the American Society of Safety Engineers (ASSE) event will discuss "the difference between appropriate and inappropriate safety incentives in the workplace."  Click here to learn more about the webcast.

The issue of safety incentive programs and their effect on the reporting of injuries and illnesses has been widely discussed within safety and health circles over the last year, as a result of the focus on these programs within OSHA's Recordkeeping National Emphasis Program (NEP).  Sample employee questionnaires included in the recently renewed NEP ask the following questions about incentive programs:

• In your workplace, are there prizes, rewards or bonuses to supervisors or managers that are linked to the number of injuries or illnesses recorded on the OSHA log?
• In your workplace, are there demerits, punishment or disciplinary policies for reporting injuries or illnesses?
• In your workplace, is there post-injury drug testing for all or most work-related injuries and illnesses?   

OSHA follows these with questions asking employees whether these types of programs encourage, discourage, or have no effect on the reporting of injuries and illnesses.

Safety incentive programs are ubiquitous and it is important for OSHA to provide guidance to employers about the programs that it views as having a negative effect on the reporting of injuries and illnesses.  This webcast is an excellent first start in that process and all employers are encouraged to listen in.  

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As of January 27, 2010, OSHA’s State Plan webpage is reporting that all State Plan States have indicated an intent to adopt OSHA’s Recordkeeping National Emphasis Program (NEP). (OSHA will continually update the webpage as it gathers additional information from the State Plan States regarding adoption.)  OSHA launched the NEP, effective September 30, to ascertain whether, and to what extent, employers are under-recording injuries and illnesses at the worksite. State Plan State adoption further broadens the potential scope of this significant enforcement initiative.

Of the 26 State Plan States adopting, 14 States have indicated an intent to adopt an identical NEP, according to OSHA's website. These States are: Arizona, California (adopted on 11/30/2009), Hawaii, Indiana, Kentucky, Maryland, Michigan, North Carolina, Nevada, Tennessee (adopted on 11/1/2009), Utah, Virginia, the Virgin Islands, and Vermont.

The following States have indicated that they will adopt a different recordkeeping NEP: Alaska, Connecticut, Iowa, Minnesota, New Jersey, New Mexico, New York, Oregon, Puerto Rico (adopted on 1/4/2010), South Carolina, Washington, and Wyoming.

Jackson Lewis has prepared a special report on the federal NEP and recorded (with SmartPros Ltd.) two recordkeeping seminars to assist employers in preparing for the NEP and ensuring their recordkeeping practices are fully compliant with OSHA’s rules.  The first is Course 2215, OSHA’s Record-Keeping NEP:  What It Is and What You Need to Do to Prepare, which explains OSHA’s Recordkeeping NEP in detail.  The second is Course 2210, The OSHA Record-Keeping "Great Eight," which goes through eight key principles for OSHA recordkeeping compliance.

OSHA is determined to ascertain whether, and to what extent, injuries and illnesses are under-recorded.   Employers must be prepared.

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