Your company letterhead
[Date]
[Addressee name]Directorate of Enforcement Programs
Occupational Safety and Health Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Re: Safety incentive program for a year with no injuries
Background
We plan to pay a bonus to each crew that completes a year with no reported injuries. We want the program to promote safe work without discouraging any employee from reporting an injury or illness.
Question
Can a safety incentive program that rewards a year with no injuries violate 29 CFR 1904.35(b)(1)(iv)? If it can, what steps keep such a program within the rule?
Our position
We understand that a rate-based incentive program is permitted when it is not implemented in a manner that discourages reporting. We rely on OSHA’s memoranda of March 12, 2012 and October 11, 2018.
Applicable standards
- 29 CFR 1904.35(b)(1)(iv)
- 29 CFR 1904.36
Respectfully submitted,
[Name], [Title]