“Pushing these costs onto workers is wrong-headed and an unprecedented departure from all previous OSHA standards,” said Jessica Martinez, co-executive director of the National Council for Occupational Safety and Health, which advocates for better working conditions. “Employers, who have a responsibility to provide a safe workplace, have always been required to pay the costs of tests and screening for occupational illnesses and for personal protective equipment; this case should be no different,” she added.

The National Council for Occupational Safety and Health, a leading workplace safety advocacy group, called that decision “wrong-headed,” noting that it represents a break with precedent for the U.S. Occupational Safety and Health Administration. “Employers, who have a responsibility to provide a safe workplace, have always been required to pay the costs of tests and screening for occupational illnesses and for personal protective equipment; this case should be no different,” Jessica E. Martinez, co-executive director of National COSH, said in an emailed statement.