[New post] Employment Law Implications of the OSHA ETS: Paying for COVID-19 Testing

Megan Shaked posted: "By Conn Maciel Carey's COVID-19 Taskforce As the OSHA COVID-19 Vaccination and Testing emergency temporary standard ("ETS") works its way through the courts in pending legal challenges, employers are still scrambling to position themselves in the event t" New post on The Employer Defense Report Employment Law Implications of the OSHA ETS: Paying for COVID-19 Testing by Megan Shaked By Conn Maciel Carey's COVID-19 Taskforce As the OSHA COVID-19 Vaccination and Testing emergency temporary standard ("ETS") works its way through the courts in pending legal challenges, employers are still scrambling to position themselves in the event the ETS goes back into effect.  (Review our Employer Defense Report and OSHA Defense Report for full background on the ETS and the most recent updates on its current status.)  A key issue to consider is the cost of testing. Background Should the ETS go back into effect, employers with 100 or more employees must implement a program to facilitate (1) a COVID-19 vaccination requirement for all employees (known as a "hard mandate") or (2) a combination of a COVID-19 vaccination requirement and weekly testing, plus face covering requirement, for those employees who choose not to get vaccinated (known as a "soft mandate").  Under this soft-vaccine mandate, an employee may only report to the workplace after demonstrating either: proof of being fully vaccinated; or for employees who do not get vaccinated or decline to share their vaccination status, proof of a negative COVID-19 test result from within the last week.  Employees who are not fully vaccinated must also wear face coverings when indoors and when occupying a vehicle with another person for work purposes. Under the ETS, a COVID-19 test must be: Read more of this post Megan Shaked | December 2, 2021 at 6:06 pm | Tags: ADA, Americans with Disabilities Act, Cal/OSHA, coronavirus, COVID-19, COVID-19 Testing, COVID-19 Vaccine, de minimis, EEOC, Emergency Temporary Standard, federal contractor vaccine mandate, hard mandate, medical accommodation, OSHA, Pathway out of the Pandemic, reasonable accommodation, religious accommodation, soft mandate, undue hardship | Categories: coronavirus, COVID-19, Uncategorized | URL: https://wp.me/p62Kqn-1mV Comment    See all comments Unsubscribe to no longer receive posts from The Employer Defense Report. Change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser: https://employerdefensereport.com/2021/12/02/employment-law-implications-of-the-osha-ets-paying-for-covid-19-testing/