In November 2015, the Occupational Safety and Health Administration ("OSHA") issued a revised draft of OSHA Safety and Health Program Management Guidelines (the "Draft Guidelines"). On page 8 of the Draft Guidelines, it states in a note that, "Incentive programs for workers or managers that tie performance evaluations, compensation, or rewards to low injury and illness rates can discourage injury and illness reporting. Point systems that penalize workers for reporting injuries, illnesses, or other safety or health concerns have the same effect, as can mandatory drug testing after reporting injuries. Effective safety and health programs recognize positive safety and health activities, such as reporting hazardous conditions or suggesting safer work procedures."
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