Playbook for 2022: How Employers Can Approach COVID-19 Testing

Bracewell’s Bob Nichols recently told The Business Journals that many state laws require employers to pay for required medical testing. Even though OSHA does not require employers to pay for testing as part of its rule, state laws still apply, which can create thorny issues for businesses located in multiple states.

“Employers need to recognize that if they operate in multiple states and are required to pay for testing in some states, from an employee-relations perspective, it is likely unrealistic to require some company employees to pay for their testing while others do not need to pay,” Nichols said.

If employers are able to shift the payment burden to workers, Nichols said managers should be prepared to effectively articulate to employees who are angered over the costs of testing that the employee generally has another option, which is to receive the vaccination.

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