Mark Neuberger Comments on OSHA’s New Emergency Temporary Standard

Foley & Lardner LLP Labor & Employment Of Counsel Mark Neuberger was quoted in a Daily Business Review article, “Will South Florida Law Firms Foot the Bill for COVID Testing Under OSHA Mandate?”, about the latest COVID rule from the Occupational Safety and Health Administration (OSHA) requiring businesses with more than 100 employees to mandate COVID vaccines or receive weekly tests, which is set to go into effect on December 5, 2021.

OSHA’s new Emergency Temporary Standard (ETS) doesn’t obligate employers to pay for their employees’ weekly testing, but companies, including large and midsize law firms, with unvaccinated attorneys and staff will need to decide whether to pay for the tests or let employees cover the cost.

For law firms, weekly testing might be less disruptive than for “production environments,” said Neuberger. He went on to say that employers should start discussing the ETS with their legal counsel now rather than waiting to see whether it goes into effect.