Legally Effective Incentive and Disciplinary Programs

摘要

For the past few years, incentive and discipline programs have come under increased critical scrutiny from the Occupational Safety and Health Administration (OSHA), culminating in the March 2012 release of a policy directive to enforcement personnel that recharacterizes the issue as both a "whistleblower" protection issue in violation of Section 11(c) of the Occupational Safety & Health Act of 1970 (OSH Act), and also as grounds for enforcement under 29 CFR Part 1904. The law also prohibits an employer from discriminating against an employee because the employee reports an injury or illness. 29 CFR 1904.36.