Does OSHA require COVID-19 testing?
In January 2022, OSHA will begin requiring testing of all unvaccinated employees at companies with a total of 100 or more employees at any time. Remote workers are included in this calculation.
We have compliance plans for employers created by medical experts and attorneys.
What COVID-19 tests are acceptable for OSHA compliance?
Any viral COVID-19 test that is under Emergency Use Authorization ("EUA") that is administered according to the instructions is compliant.
The tests cannot be self-administered and self-read unless observed by the employer or an authorized telehealth proctor. Under this mandate, at-home tests that are not proctored would not suffice for compliance.
How will OSHA ensure compliance?
OSHA will conduct workplace inspections. Workers can also file complaints with OSHA, complaints will then be inspected. Once a complaint is received, OSHA will likely request vaccination and testing records from the employer.
OSHA can fine employers found to be in violation of the mandate. The standard penalty is up to $13,653 for a single violation. Willful violations can lead to a penalty of $136,532 per violation.
Do employers need to preserve records of the COVID-19 tests?
Yes, employers are required under the new OSHA guidance to keep "medical records," records of tests, vaccinations and exposures. Additionally, the employer must make these records available to the employee and OSHA upon request. A tested employee is entitled to one free copy of each COVID-19 test record.
How can On-site Medical help?
We provide a range of medical services intended to keep companies compliant with the new OSHA guidance. We provide on-site viral testing, either antigen or molecular. We provide same-day test results to get your employee back to work faster.
Additionally, we provide software services using Wellbility that allow for delivery of employee test results and proctoring of test administration.
We have experience in deploying custom solutions for each client we work with. Reach out today to see how we can help you with COVID-19 compliance.