CO employers likely must cover costs of required COVID-19 testing

Q         If an employer requires COVID-19 testing as a condition of employment, who covers the cost?

A   Under its pending emergency temporary standard (ETS), the Occupational Safety and Health Administration (OSHA) has clarified covered employers (those with at least 100 employees) won’t have to pay for the cost of any mandatory COVID-19 testing. The agency notes, however, employers may be required to pay for the testing under other laws, regulations, or collective bargaining agreements. Barring any such laws or agreements, the agency has stated the issue of who covers the cost is left to the employee and the employer.

In Colorado, however, employers may be required to cover the cost of any mandatory COVID-19 testing when it is a condition of employment. Notably, state law prohibits any employer from requiring any employee or job applicant to pay the cost of a “medical examination” as a condition of employment. A COVID-19 test could fall under the ambit of “medical exams” since it essentially seeks information pertaining to the employee’s health.

Additionally, any time spent obtaining COVID-19 testing may be compensable under Colorado’s wage and hour laws since “time worked” includes time spent on “security or safety screening” at the employer’s direction. Accordingly, the safest course of action would be to cover the cost of mandatory coronavirus testing.