Employer Must Pay All Costs of Testing Under Bloodborne Pathogens Standard, Including Travel Costs and Non-Work Time Spent

Secretary of Labor v. Beverly Healthcare-Hillview, No. 06-4810 (3d Cir., September 4, 2008) – The Third Circuit Court of Appeals has ruled that OSHA Compliance Directives under the Bloodborne Pathogens Standard (BPS) require employers to compensate employees for all expenses, including travel expenses and non-work time spent getting tested for bloodborne pathogens to which they might have been exposed on the job.  The dispute arose after two employees of a nursing home were exposed to bloodborne pathogens and the employer paid for the testing but refused to pay for time spent outside of work getting tested. 

Note: This article was published in the October 2008 issue of the New Jersey eAuthority.