Last week the Occupational Safety and Health Administration (OSHA) issued a pamphlet entitled Guidance on Returning to Work for non-essential businesses. The guidelines provide advice on what steps non-essential employers should take for reopening in Phase 1, 2 and 3. Among the more important points covered in the pamphlet is that employers will be allowed to conduct mandatory COVID-19 testing, including temperature checks. While there is no requirement for an employer to record employee temperatures, if the employer chooses to create records of the temperature checks (or other COVID-19 related health screenings), those records will likely qualify as a medical record and employers must follow the confidentiality requirements addressed in the American with Disabilities Act by segregating those records from other employee records.
If you have questions once you have reviewed the guidance on returning to work, please contact any of the labor & employment attorneys at GrayRobinson with whom you normally consult.
GrayRobinson leverages its capabilities through membership in specially-selected law firm affiliations. One of these is the Employment Law Alliance (ELA), a select group of highly respected, broad-based law firms that are capable of servicing virtually every legal need for their corporate clients. ELA has a presence in all 50 U.S. states, the District of Columbia and more than 300 cities around the globe. ELA is ranked as one of only three law firm networks in Chambers USA in the "Employment: The Elite in Global-Wide" category.