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A question we are frequently asked is whether OSHA has banned safety incentive programs including safety bingo. THE ANSWER IS NO!
OSHA has investigated safety incentives and determined that they may cause injury hiding under certain circumstances. OSHA has provided guidelines and rules on how to use safety incentives, including safety bingo to eliminate the injury hiding problem.
Reproduced below is an excerpt from OSHA’s explanation of their rules relating to the use of safety incentive programs.
To see the entire October 11th, 2018 US Department of the Labor memo below use this website address:
U.S. Department of Labor
Occupational Safety and Health Administration
Washington, D.C. 20210
Reply to the attention of:
October 11, 2018
MEMORANDUM FOR: REGIONAL ADMINISTRATORS STATE DESIGNEES
THROUGH: AMANDA EDENS, Director Technical Support and Emergency Management
FRANCIS YEBESI, Acting Director Whistleblower Protection Programs
FROM: KIM STILLE, Acting Director
SUBJECT: Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. § 1904.35(b)(1)(iv)
On May 12, 2016, OSHA published a final rule that, among other things, amended 29 C.F.R. § 1904.35 to add a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. See 29 C.F.R. § 1904.35(b)(1)(iv). In the preamble to the final rule and post-promulgation interpretive documents, OSHA discussed how the final rule could apply to action taken under workplace safety incentive programs and post-incident drug testing policies.
The purpose of this memorandum is to clarify the Department’s position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit workplace safety incentive programs or post-incident drug testing. The Department believes that many employers who implement safety incentive programs and/or conduct post-incident drug testing do so to promote workplace safety and health. In addition, evidence that the employer consistently enforces legitimate work rules (whether or not an injury or illness is reported) would demonstrate that the employer is serious about creating a culture of safety, not just the appearance of reducing rates. Action taken under a safety incentive program or post-incident drug testing policy would only violate 29 C.F.R. § 1904.35(b)(1)(iv) if the employer took the action to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health.
Incentive programs can be an important tool to promote workplace safety and health. One type of incentive program rewards workers for reporting near-misses or hazards, and encourages involvement in a safety and health management system. Positive action taken under this type of program is always permissible under § 1904.35(b)(1)(iv). Another type of incentive program is rate-based and focuses on reducing the number of reported injuries and illnesses. This type of program typically rewards employees with a prize or bonus at the end of an injury-free month or evaluates managers based on their work unit’s lack of injuries. Rate-based incentive programs are also permissible under § 1904.35(b)(1)(iv) as long as they are not implemented in a manner that discourages reporting. Thus, if an employer takes a negative action against an employee under a rate-based incentive program, such as withholding a prize or bonus because of a reported injury, OSHA would not cite the employer under § 1904.35(b)(1)(iv) as long as the employer has implemented adequate precautions to ensure that employees feel free to report an injury or illness.
A statement that employees are encouraged to report and will not face retaliation for reporting may not, by itself, be adequate to ensure that employees actually feel free to report, particularly when the consequence for reporting will be a lost opportunity to receive a substantial reward. An employer could avoid any inadvertent deterrent effects of a rate-based incentive program by taking positive steps to create a workplace culture that emphasizes safety, not just rates. For example, any inadvertent deterrent effect of a rate-based incentive program on employee reporting would likely be counterbalanced if the employer also implements elements such as:
an incentive program that rewards employees for identifying unsafe conditions in the workplace;
a training program for all employees to reinforce reporting rights and responsibilities and emphasizes the employer’s non-retaliation policy;
a mechanism for accurately evaluating employees’ willingness to report injuries and illnesses.
Safety Bingo Rules
To the extent any other OSHA interpretive documents could be construed as inconsistent with the interpretive position articulated here, this memorandum supersedes them. This includes:
A Memorandum from Dorothy Dougherty to the OSHA Regional Administrators entitled “Interpretation of 1904.35(b)(1)(i) and (iv)” (October 19, 2016) (Appendix A);
Guidance on OSHA’s website (issued October 19, 2016) (Appendix B);
A Memorandum from Dorothy Dougherty to the OSHA Regional Administrators and State Designees entitled “Interim Enforcement Procedures for New Recordkeeping Requirements Under 29 CFR 1904.35” (November 10, 2016) (Appendix C).
Regional Administrators shall enforce 29 C.F.R. § 1904.35(b)(1)(iv) in a manner consistent with this memorandum and shall consult DEP before issuing any citations under this provision related to workplace safety incentive programs or post-incident drug testing.
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Safety Pays is NOT just safety bingo. Yes, it has its roots in safety bingo, but the two are as different from one another as a Ferrari is from a Model-T.
The term “safety bingo” is a simple workplace incentive concept that’s been around since the 1950’s. Over the next half century, any number of canned safety bingo games became available. Frankly, they’re a dime a dozen.
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Along with scratch-off cards and prize catalogs, safety bingo has been one of many “old-school” approaches to worker motivation.
The problem has been that the emphasis was always more on “playing a game” than on the more important goal of raising safety awareness. Results were generally disappointing, and rarely long-lasting to the extent safety success was achieved.
Safety Pays is much more ‘motivational system’ than it is ‘bingo game’. Layer upon layer of loss control initiatives have been woven through the program’s design – making it not just entertaining but educationally interactive.
Safety Bingo
Since 1991, Safety Pays has provided its unique incentive approach to nearly 10,000 client companies nationwide. Yes, a bingo game formula remains at the heart of what we do. But in a way that’s been proven as what one of the most cost-effective motivational approaches available.
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And now fully OSHA compliant!