[Svartalfiar]

The ETS states that Employers are not responsible for the cost of testing, unless is is negotiated via a CBA, etc.

So who is? The employee? FedGov/taxpayers? What happens if the employer 'requires' testing, but the employee doesn't go pay to have a test done?

What about FLSA? Are employees clocking in for the time spent getting their own testing completed? If they're already at minimum wage, or if those costs put their equivalent pay below it, ANY extra expenses required of employees MUST be reimbursed by the employer. Or does OSHA have the power to allow companies to violate the law?

[Fury]

Re: 138:

“6.G. Does the ETS require employers to cover the costs associated with COVID-19 testing?

No. The ETS does not require employers to pay for any costs associated with testing. However, employer payment for testing may be required by other laws, regulations, or collective bargaining agreements or other collectively negotiated agreements. OSHA notes that the ETS also does not prohibit the employer from paying for costs associated with testing required by the ETS. Otherwise, the agency leaves the decision regarding who pays for the testing to the employer.

OSHA expects that some workers and/or their representatives will negotiate the terms of payment. OSHA has also considered that some employers may choose to pay for some or all of the costs of testing as an inducement to keep employees in a tight labor market. Other employers may choose to put the full cost of testing on employees in recognition of the employee’s decision not to become fully vaccinated. It is also possible that some employers may be required to cover the cost of testing for employees pursuant to other laws or regulations. The subject of 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.”

-see https://www.osha.gov/coronavirus/ets2/faqs