Temperature Testing During COVID-19 – Guidance for Businesses

Update: On July 27, 2020, Los Angeles County updated many of its Reopening Protocols (e.g., Protocols for Office Worksites) to include the following information: “Employee screenings are conducted before employees may enter the workspace. Checks must include a check-in concerning cough, shortness of breath, difficulty breathing and fever or chills and if the employee has had contact with a person known to be infected COVID-19 in the last 14 days. These checks can be done remotely or in person upon the employees’ arrival. A temperature check should also be done at the worksite if feasible.” (emphasis added).

Update: On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides case studies of what businesses are doing now to remain compliant. One example provided that a packaged food company monitored all workers and vendors with temperature checks, questionnaire, and hand sanitizing upon arriving. For more information about the Employer Playbook, please see: California’s New “Employer Playbook” Helps Employers Prepare for and Respond to COVID-19 Situations.

Update: On July 20, 2020, the Centers for Disease Control and Prevention updated its guidance for Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings. In relevant part, the time lapse to return to work after having a symptoms of COVID-19 (i.e., fever) was changed.

• Previously, after being diagnosed with a fever, an employee has to be excluded from work until: (1) at least three days (72 hours) have passed since resolution of fever without the use of fever-reducing medications, (2) there is an improvement in respiratory symptoms (e.g., cough, shortness of breath), and (3) at least 10 days have passed since symptoms first appeared.
• The guidance has updated its symptom-based strategy criteria so that, after being diagnosed with a fever, an employee has to be excluded from work until: (1) at least one day (24 hours) have passed since resolution of fever without the use of fever-reducing medications, (2) there is an improvement in symptoms, and (3) at least 10 days have passed since symptoms first appeared and for those with severe illness up to 20 days have passed since symptoms first appeared.

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As workplaces have begun to reopen, employers are curious about whether they can conduct temperature screenings of their employees. This guidance will explain if, when, and how employers may conduct temperature screenings of their employees.

Please see the attached guide.

Disclaimer: Laws, regulations, and guidance on matters related to COVID-19 change rapidly. Please contact your Payne & Fears attorney for current guidance.