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League Writes State Agency Over Costs Associated With COVID Testing

Authored By: Lewis Wood on 11/17/2021

Your League is today submitting a letter to the Virginia Department of Labor and Industry, asking that costs associated with COVID testing under the federal Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard not be borne by those state's employers that would fall under the ETS.

OSHA's ETS is in limbo currently, after the U.S. Court of Appeals for the 5th Circuit issued an injunction Nov. 12, preventing the enforcement of the rule until the matter can be litigated. 

For Virginia employers, testing costs are the single biggest issue. State safety regulators will consider whether to adopt the OSHA rule as is (meaning employers don’t have to pay for testing) or apply the existing Virginia Code (which says employers pay for testing).

In our letter, we argue weekly testing at the will of the employee -- in lieu of vaccination -- is not analogous to a positive test or known exposure to the virus, cases in which employers would be required to pay for testing.

Read the letter

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