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With distribution of the COVID-19 vaccine still on the horizon for most employees, COVID-19 testing remains a critical element in employers’ defenses against COVID-19 infection in the workplace. Indeed, the Biden administration’s “National Strategy for the COVID-19 Response and Pandemic Preparedness” emphasizes that “America must have widespread testing” and calls for a rapid expansion in testing. Consistent with this renewed focus on COVID-19 testing, a recent Littler survey found that 36% of employers currently are testing, or considering testing, their employees. Once vaccinations are widely available, employers may find that the best plan of attack is a program which includes both vaccinations and COVID-19 testing.
Before implementing a COVID-19 testing program, employers should address a broad range of practical, logistical and legal issues. The nonlegal issues include which test to use, how frequently to test, and how specimens should be collected. The legal issues are even more numerous and complex. They include, for example, the scope of restrictions imposed by the Americans with Disabilities Act, compliance with OSHA safety and recordkeeping requirements, addressing HIPAA and other privacy concerns, and determining the employer's wage payment obligations for testing-related wait and travel time. Our multidisciplinary panel will provide critical insights and actionable recommendations for employers grappling with the challenges of implementing a sensible, cost-effective and legally compliant COVID-19 testing program.
12:00 - 1:15 p.m. PT
1:00 - 2:15 p.m. MT
2:00 - 3:15 p.m. CT
3:00 - 4:15 p.m. ET