Oklahoma law likely requires employers to pay for COVID-19 testing

A new federal rule requires employers with at least 100 employees to verify they are either fully vaccinated against COVID-19 by January 4, 2022, or wear a mask and submit to weekly testing. While the new rule doesn’t require employers to pay for any costs associated with the testing, Oklahoma companies will likely have to cover the expenses under state law.

Oklahoma Protection of Labor Act

Under Oklahoma’s Protection of Labor Act, employers may not require an applicant or employee to pay (directly or indirectly) any part of the cost associated with a mandatory physical or medical examination as a condition of new or continued employment. In the past, the provision has been applied with respect to other forms of mandatory testing requirements, such as workplace drug testing.

In addition, Oklahoma Department of Labor (ODOL) administrative law judges have found the law is applicable regardless of whether the testing requirement is the employer’s alone or placed on the business by an outside authority, such as the federal mandate for large employers recently promulgated by the Occupational Safety and Health Administration (OSHA).

Based on the state statute’s history, the ODOL will likely conclude employers are responsible for paying for the COVID-19 testing.

Next steps for employers

All employers will need to weigh their options with regard to implementing OSHA’s COVID-19 vaccine mandate and, specifically, whether to ensure all employees are fully vaccinated or submit to weekly testing and other safety protocols.