Question

An employer informs its employees that it will hold a substantial cash prize drawing for each work group at the end of each month in which all members of the work group comply with applicable safety rules, such as wearing required fall protection. Doug sustains a lost-time injury when he falls from a platform while not wearing required fall protection. Doug’s employer cancelled the cash prize drawing for Doug’s work group that month because Doug failed to wear required fall protection. The employer actively monitors its workforce for compliance with applicable work rules and cancels the cash prize drawings when it discovers work rule violations regardless of whether the employee who violated the work rule also reported an injury. Did the employer use an incentive program to retaliate against Doug?

Answer 1

No. The employer used the incentive program not to retaliate against Doug.  Employer canceled the cash prize drawing because Doug violated a legitimate work rule (not wearing a fall protection), and not because he reported a work-related injury. Occupational Safety and Health Administration or  OSHA encourages employers to enforce legitimate workplace safety rules, and the employer only complied with those rules and took consistent, appropriate corrective action when violations occur. It did not consider whether or not the employee who violated the rule also reported an injury.