OSHA ETS: Who Pays for the Testing Employer or Employee? (January 2022)
One question we have received a lot is who pays for the weekly OSHA ETS COVID (coronavirus) testing for unvaccinated employees. As discussed in prior episodes, the OSHA ETS requires weekly testing for unvaccinated employees for employers with 100+ employees. We discuss who is responsible for paying for this weekly testing, whether employees can do or perform the testing at the employer’s workplace or place of business, and whether employees need to be compensated for the time spent testing under the OSHA ETS. In addition, we also discuss state laws that may impact who pays for the testing, such as California and Florida. We also touch on whether collective bargaining agreements can shift the cost of testing from the employer to the employee. The determination of who pays for testing will also be decided by the Supreme Court in its analysis of the OSHA ETS. On January 7, 2022, the Supreme Court heard arguments on OSHA’s Emergency Temporary Standard (ETS), mandating testing and masks for unvaccinated employees who work at employers with 100 or more employees (following the Fifth Circuit’s previous stay and Sixth Circuit’s subsequent reversal). Our prior episodes, linked below, discuss when the Supreme Court may make its decision, how the Supreme Court may rule (upholding or striking down the OSHA ETS), and next steps after a Supreme Court decision. Please see our prior episodes on OSHA’s ETS requirements, the new dates for implementation of policies, masking, and testing (these have changed), and what employers need to do regarding who qualifies, who is exempt, who must wear a mask at work, and who must undergo weekly testing for COVID-19. These prior episodes also discuss OSHA’s enforcement tactics and the penalties that can be levied on employers who fail to implement the OSHA ETS requirements for 100+ employee companies. Answers to these questions and many more are presented in these episodes of Employment Law After Hours. 🎬 Prior OSHA ETS Episode discussing when the Supreme Court may issue its decision: • OSHA ETS: When will the Supreme Court Deci... 🎬 Prior OSHA ETS Episode discussing how the Supreme Court May Rule: • THE FATE OF THE OSHA ETS: The Supreme Cour... 🎬 Prior OSHA ETS Episode Regarding OSHA ETS Requirements (January 2022): • OSHA ETS: COVID 19 TESTING AND MASK REQUIR... 🎬Subscribe for the Topics You Need to Know as an Employer: https://www.youtube.com/channel/UCv0-... 🎧Music Used: https://www.storyblocks.com ✅Follow Us on Instagram: / lawafterhours Disclaimer: ☞This video is made for informational and advertisement purposes only and does not convey any legal advice to you or your specific circumstances, situations, or issues. The information presented in this video is subject to change at any time. This video and interaction through the comments or direct messages do not create an attorney-client relationship. Viewers should not act upon the information contained in this video without first seeking specific legal advice from a retained attorney in the viewers’ state/jurisdiction. Brennan, Manna & Diamond, LLC (BMD) is a multi-practice law firm with offices in Ohio, Florida, and Arizona and has attorneys licensed in numerous states around the country. The addresses for BMD’s locations are here: https://www.bmdllc.com/contact-us/ Bryan Meek and Monica Andress are licensed attorneys in Ohio, and they practice employment law, primarily representing companies and employers. If you are in a state with a BMD location or in which BMD has a licensed attorney and wish to speak with a BMD attorney to discuss possible retainment, you can send us a direct message through YouTube or our Instagram account, or contact us using the link above. Please do not send us confidential information until you speak with one of our attorneys and receive express authorization to send that information to us. Unsolicited information sent to us will not constitute a confidential or privileged communication. Further, use of the comment section below is solely meant for community engagement, networking and interaction among the After Hours Community. Please do not post confidential or privileged information in the comment section.
