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Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift. These health screening steps, including temperature checks, have become more common as states reopen their economies.

This post covers statewide laws and orders that require employers to take employees’ temperatures and/or conduct other employee health screening procedures, such as asking employees about any COVID-19-consistent symptoms using a questionnaire or checklist. This chart covers only generally applicable requirements and does not cover the heightened requirements applicable to certain types of employees, such as healthcare workers; public health workers; long-term care, assisted living, and nursing home workers; first responders; and law enforcement. We will update this list regularly but expect it will become outdated quickly as new announcements are made.

Note that this list does not include temperature or health screening requirements at the local level. If you would like more information, please contact us.

In addition, this post does not address other significant issues related to employer screenings of employee health, including potential wage and hour, discrimination, and privacy concerns. As a result, employers should consult with counsel for details on additional orders that may apply to their operations and for guidance on related legal questions.

Tracking and complying with these requirements present significant challenges for employers, particularly those operating in different locations around the country. To assist our clients with these challenges, our Compliance HRD team has created an automated screening solution that allows employers to easily send jurisdiction-specific screening questionnaires for select employees to complete before they come into the office each day.

Some of those question are as follows:

Have you experienced any of the following symptoms in the past 48 hours:

  • fever or chills

  • cough

  • shortness of breath or difficulty breathing

  • fatigue

  • muscle or body aches

  • headache

  • new loss of taste or smell

  • sore throat

  • congestion or runny nose

  • nausea or vomiting

  • diarrhea

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