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CDC Issues Guidance That Serological Testing of Employees Violates ADA

As more states are reopening and employees are returning to work, some employers will be considering testing employees for COVID-19 before allowing them to return to the workplace. In a prior post, we wrote about guidance from the EEOC that states that employers may test employees before returning to work as long as the testing complies with the Americans with Disabilities Act (ADA). We also wrote about the various types of COVID-19 testing available, including serological testing and diagnostic testing. Serological testing looks for the presence of COVID-19 antibodies, while diagnostic testing checks for the presence of the COVID-19 virus itself. More ›

CDC Guidance Establishes the Bar for Workplace Safety and OSH Act Compliance Related to COVID-19

Throughout the COVID-19 pandemic, employers have had to keep abreast of evolving or incomplete government guidance, all while trying to discern for themselves the most prudent way to handle employee leaves, pay, workload, and safety.

The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have now worked together to produce a "Guidance on Preparing Workplaces for COVID-19." This guidance is explicitly "advisory in nature" and "informational in content," and "not a standard or a regulation." Nevertheless, the guidance provides helpful information about how the agencies view the methodology of COVID-19 transmission, exposure risks and classifying worker exposure, and what to do to protect workers. The U.S. Department of Labor (DOL) provided similar advice in an April workplace poster. Efforts addressed include personal protective equipment (PPE), engineering controls (e.g. barriers), and administrative controls (e.g. monitoring, training, flexible hours, or telework). More ›

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