PICTURE THIS COVID-19 cases are surging. Your state or city is in full lockdown mode. That means, among other things, that outdoor gatherings of more than 50 people aren’t allowed. So, it disturbs … [Read more...]
Disciplining Employees for Not Following COVID-19 Restrictions When They Are Off-Duty
Labs In Court: A roundup of recent cases and enforcement actions involving the diagnostics industry
LabCorp Can Sue Physician to Collect $117K Worth of “Pass-Through” Charges for Uninsured Patients Case: Labs like LabCorp typically enter “pass-through” arrangements with physicians covering … [Read more...]
The Quest Case and Medical Malpractice Liability Risks of Genetic Testing Labs
For years, Quest Diagnostics has been embroiled in a poignant lawsuit testing the liability of genetic labs for faulty DNA test results. In 2018, Quest struck a decisive blow by getting the South … [Read more...]
Model Substance Abuse and Fitness for Duty Policy
Workplace substance abuse remains a major challenge for labs. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is … [Read more...]
How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable … [Read more...]
Lab’s Duty to Protect Returning Employees from COVID-19 Discrimination and Harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that … [Read more...]
Telecommuter Home Office Hazard Assessment & Inspection Checklist
While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting lab employees who work from home. How? By having employees seeking approval to … [Read more...]
How to Create a COVID-19 Exposure Control Plan
For as long as COVID-19 remains a threat, businesses—both essential and nonessential—won’t be allowed to re-open and remain open unless they implement a plan to control workplace infection risks. … [Read more...]
Model COVID-19 Medical Screening Policy
Regulators have made it clear that given the unique circumstances of the COVID-19 pandemic, employers may implement pre-screening measures to ensure that people who have or may have the virus don’t … [Read more...]
Spot the HIPAA Violation
SITUATION Lab technician Khan Tajus reports to his manager that he’s just tested positive for COVID-19 coronavirus. The manager orders him to go home, talk to a doctor and stay in self-isolation … [Read more...]