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OPINION: Biden plan to make unvaccinated workers pay for Covid testing could backfire

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President Joe Biden wants unvaccinated workers to pay for office Covid-19 testing. But their employers could still end up footing much of the bill.

The administration says firms can make employees who opt out of the shots pay for required weekly testing. Business groups and labor-law experts argue that existing laws will likely require companies to cover those costs for workers who claim religious or disability exemptions to the Covid-19 vaccines, at a price that could reach hundreds of dollars per person each month. ...

... some worker advocates who generally support the Biden plan are concerned about the administration’s decision to make unvaccinated people pay for their own masks and tests while on the job, given that OSHA typically requires employers to pay any work-related safety costs.

“It’s very unfortunate that this new rule does not require employers to pay for face masks, or for the cost of testing for workers who choose not to get vaccinated,” said Jessica Martinez, co-executive director of the National Council for Occupational Safety and Health. “Pushing these costs onto workers is wrong-headed and an unprecedented departure from all previous OSHA standards.” ...

A Department of Labor spokesperson said that “payment for the costs associated with testing pursuant to other laws or regulations not associated with the OSH Act is beyond OSHA’s authority and jurisdiction,” in response to questions about employers’ concerns.

But the spokesperson also noted that some companies might choose to pay for testing, in part or in full, “as an inducement to keep employees in a tight labor market.” Others may try to make affected employees pay for the screening, the spokesperson added. ...

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