On October 11, 2018, OSHA issued a memorandum of interpretation clarifying its position on workplace safety incentive programs and post-incident drug testing. Originally, OSHA issued a Final Rule on May 11, 2016 that sought to increase anti-retaliation protections by requiring employers to inform employees of their right to report work-related injuries and illness without fear of adverse employment actions.  The Rule stated that the existing requirement that an employer’s procedure for reporting work-related injury or illness must be (1) reasonably laid out in a manner that does not discourage/deter employees from reporting; and (2) incorporates existing statutory whistleblower protections. Moreover, “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” (Emphasis added.)