This is a guide for HR consultants before they make a decision as to whether to take employee temperatures before going to work. Here are FAQs on the subject:
Is it Permissible for HR to Take Employee Temperatures Before Start of Work? As a result of CDC recommendations, it is now permissible per the EEOC to do so. As of March 17, 2020, the EEOC issued the following guidelines:
Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.
However, a Company is not required to take temperatures.
What is Considered a High Temperature? Per CDC guidelines, 100.4 F/38 C or above.
How do you Give the Results? The actual temperature should be kept confidential and placed in a file separate from the personnel file and not broadcast others. If the employee has a high temperature, take the person aside to notify them of the reading. Also privately state the details, if any, of your decision to send the person home.
What Kind of Devices are Used? Use only a no-contact, infrared digital thermometer (forehead scanner). Traditional oral thermometers are considered too intrusive.
Who Administers the Test? Recommendation: A trained nurse or other medical professional. If not available or too costly, a management level employee or someone from the HR department. Use PPE precautions, including gowns, facemasks and gloves.
What to do if the Employee has a Temperature? A temperature alone is not indicative of COVID-19. However, it is recommended the employee be sent home for a minimum of 24 hours to be fever free. If in addition to fever, there are symptoms of dry cough, shortness of breath and chills, the employee must be sent home for a 14-day quarantine.
Can the Employee be Required to Wait in Long Lines? There are no specific guidelines, but for productivity purposes and to eliminate employee inconvenience, HR should attempt to shorten the lines by: a) having more than one entry point or b) staggering with different shifts. Make sure there is social distance while waiting in line (placing markers with tape).
Are the Employee’s Paid For the Time Taking the Temperatures? It is best to have the employees punching in when they first arrive before getting in line. That way they will not be shorted for their hours. Although the argument can be made testing is so brief in time to be de minimis, it is best to consider these preparations indispensable to employees work activity (per the FLSA) and therefore compensable.
What Records Should be Kept? Temperatures need not be recorded, but if they are, they should be contained in a confidential file. As an alternative, you can be recording “No” or “Yes” as to the temperature thresholds.
What Questions Can You Ask the Employee? Per EEOC guidance, the employer may ask an employee if he or she is experiencing any symptoms of COVID-19 or if they have been tested. This applies even if the employee has not volunteered that he or she is feeling ill. As usual, you cannot be selective who you ask as this could be interpreted as discriminatory.
The perfect time to ask these questions is right before the temperature is taken. You can ask the employee: “Have you been experiencing any of the following symptoms recently? Fever; dry cough; shortness of breath or difficulty breathing; chills; repeated shaking and shivering; muscle pain; headache; sore throat; excessive sweating; sinus congestion or new loss of taste or smell (read from a card to show it is uniform)?
Because you will be asking personal medical information, this has to be out of the hearing range of others. Put the employees in a separate line. Then one by one take an employee to a separate room immediately adjacent which is private, for the questions and temperature taking.
Do These Rules Also Apply to Non-Employees Entering the Workplace? Yes. The same rules would apply to guests, customers, vendors, consultants and other third parties. Remember that OSHA requires an employer to maintain a safe workplace and protect others from direct threats as to recognize hazards, including the virus. Place the attached form at the entrance of the facility in a conspicuous location so all persons entering can see same.
Is Employee Written Consent Required? No, but employees must be given prior notice–please use the attached form.
What if the Employee Refuses to Take a Temperature? No employee can be forced to take a temperature. If they refuse, you can bar entrance to the facility. And technically it is a violation of company policy and they can be written-up. However, termination would not be recommended. Instead, instruct the employee to stay home until they bring in a certification of negative testing through a community testing center or when government authorities have given the “all clear” for all employees to return to work.
National Lien Law can act as your virtual Human Resources Consulting Firm–either replace your existing HR Department or augment it with our ongoing human resources consulting services. And, we are equipped to prepare any documents required (for example, termination notices, warnings, employment agreements/confidentiality/noncompete, employee handbooks, write-ups, responses to claims, wage and hour disputes, legal memos to management, response to attorney demands, legal investigations, help with arbitrations or language used in your emails and communications with employees). Services can be on a retainer basis, hourly or flat fee. Our human resources consultants have law degrees and 20+ years’ experience in human resources consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434. Info.NationalLienLaw@gmail.com.
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