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Employers should now justify obligatory coronavirus testing for staff, the U.S. Equal Employment Alternative Fee stated in a July 12 replace to its technical help handbook.
Till now, the fee took the place that the Individuals with Disabilities Act commonplace for medical examinations all the time permitted employer worksite COVID-19 testing.
Going ahead, employers might want to assess whether or not present pandemic circumstances and particular person office circumstances justify testing to stop office transmission, the company stated. Particularly, an employer should present that testing is job-related and in keeping with enterprise necessity, as outlined by the ADA.
EEOC provided elements to contemplate on this evaluation, together with steering from public well being authorities, neighborhood transmission ranges, vaccination standing and sorts of contacts between workers and others within the office.
“This alteration just isn’t meant to counsel that such testing is or just isn’t warranted; relatively, the revised [guidance] acknowledges that evolving pandemic circumstances would require an individualized evaluation by employers to find out whether or not such testing is warranted in keeping with the necessities of the ADA,” EEOC stated.
The fee’s replace additionally included steering on return-to-work requirements, antibody testing, screening questions and testing for particular person workers.
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