Labor and Employment E-lert: OSHA Guidance on Returning to Work for Non-Essential Businesses

By: William H. Andrews

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 and employment attorneys at GrayRobinson with whom you normally consult.

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