December 1, 2021

Volume XI, Number 335

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Bonuses Tied to Low Injury Rates: Will They Be Unacceptable to Biden's OSHA [VIDEO]

In 2016, the Obama-era Occupational Safety and Health Administration (OSHA) issued regulations prohibiting employer retaliation against employees for reporting workplace injuries or illnesses. The regulations' preamble indicated that, under many circumstances, employee bonuses or other incentives tied to low injury rates could constitute unlawful conduct under the Occupational Safety and Health Act.

Then, in 2018, Trump-era OSHA officials issued a memorandum partially stepping back from the preamble’s restrictive guidance. Now, President Biden has selected individuals for key OSHA positions who have been outspoken critics of incentive programs tied to low injury rates.

So what exactly is OSHA’s current position and where will the Biden-era OSHA land on these incentive programs?

Bob Nichols and Amber Dodds explain and offer recommendations for how to structure an incentive program consistent with both OSHA’s current guidance as well as the approach likely to be adopted by the new Biden team at OSHA.

 

 

© 2021 Bracewell LLPNational Law Review, Volume XI, Number 201
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About this Author

Robert Nichols, employer litigation attorney, bracewell law firm, lawyer harassment claims, wrongful discharge case, occupational safety issues
Partner

Robert Nichols represents employers in litigation, administrative actions and arbitrations concerning discrimination and retaliation, harassment, wrongful discharge, occupational safety and health, union-management relations, wage and hour matters, and other concerns related to employment. Mr. Nichols has defended more than 200 employment-related lawsuits in federal and state court, represented employers in more than 300 federal and state agency employment discrimination investigations, and handled numerous Occupational Safety and Health Administration (OSHA) cases,...

713-221-1259
Amber K Dodds, Labor and Employment Attorney, Bracewell Law
Associate

Amber Dodds represents employers in labor and employment issues, including matters related to wages, wrongful termination, discrimination, occupational safety, and employee benefits disputes.

Prior to law school, Amber worked with large corporations to procure the necessary employment-based visa documentation for high-level individuals and their families relocating to Central and South America. Managing the immigration process included obtaining birth certificates, marriage licenses, diplomas, police records, and employment records while...

210-299-3569
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