In its September 28, 2010 Directive on the Injury and Illness Recordkeeping National Emphasis Program (NEP), OSHA announced its intention to investigate "company policies that may have the effect of discouraging recording on the injury and illness records . . . . " Specifically, OSHA stated in the Directive that its Compliance Officers would look at "an awards program tied to the number of injuries and illnesses recorded on the OSHA 300 Log," as well as the "existence of incentive or disciplinary programs that may influence recordkeeping." The Recordkeeping Directive also contained specific interview questions that focus on the existence of such safety incentive programs: "Does the Company have safety incentive program or programs that provide prizes, rewards, or bonuses to an individual or groups of workers based on the number of injuries and illnesses recorded on the OSHA 300 Log?" "Are there demerits, punishment, or disciplinary policies for reporting injuries or illnesses?"

Although the Recordkeeping NEP Directive addressed such safety incentive and disincentive programs and policies, the Directive did not explain what, if any, consequence there was to having such programs or policies. With the issuance of its new March 12, 2012, guidance memo, OSHA has now explained how its Compliance Officers and Whistleblower Investigators are to respond to such programs and practices.