CDC Provides Guidance on Consent Elements and Disclosures for Workplace COVID-19 Testing

The Centers for Disease Control and Prevention (CDC) has issued guidance on the elements of consent and disclosures necessary to support employee decision-making when employers incorporate workplace COVID-19 testing.

Differences in position and authority (such as workplace hierarchies), as well as employment status in nonstandard working arrangements (e.g., temporary help, contract help or part-time employment) can affect an employee’s ability to make free decisions. This guidance suggests measures employers can take when developing a testing program.

To fully support employee decision-making and consent, these measures should include:

• Safeguarding employees’ privacy and confidentiality;
• Providing information that is complete and understandable on how the employer’s testing program may impact employees’ lives;
• Explaining any parts of the testing program an employee would consider important when deciding to participate;
• Providing information about the testing program in the employee’s preferred language using nontechnical terms;
• Encouraging supervisors and co-workers to avoid pressuring employees to participate in the testing; and
• Encouraging and answering questions during the consent process.

Employers should follow these measures to create a supportive environment when employees need to make decisions about workplace-based testing.

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