The Society for Human Resource Management has released a guide to Employee Temperature Checks. Below is a summary of key points and application to the transportation industry.
Full text of their article can be read here and is a must read for anyone implementing Employee Temperature Checks.
Legal Mandates
It is important to acknowledge that while many businesses mandate temperature checks, it may also be a legal requirement to operate in your area. We highly recommend reviewing your state and local requirements.
Passenger Temperature Checks
No official guidance has been released on checking the temperature of passengers or customers. In general, businesses are not requiring customers to submit to checks unless there is a large population of vulnerable individuals, such as hospitals or assisted living centers.
We recommend reviewing local guidance, speaking to your attorney and setting a universal policy before implementing checks. At this point, in accordance with the majority of businesses, we generally advise against requiring passengers to submit to temperature checks.
ADA Concerns
Temperature checks have traditionally been considered medical examinations and are generally prohibited by The American with Disabilities Act. Due to the unique nature of the COVID-19 response the Equal Employment Opportunity Commission (EEOC) has stated that temperature checks are allowable. That said, one expert cited in the article recommends paying anyone sent home with a temperature.
Testing Procedure
If possible, have checks conducted by someone with medical training. Utilizing medical staff is not a requirement, but if you have trained employees on staff, they should be utilized. If not, consider providing basic blood-borne pathogen training via an online training provider.
- Test everyone or no one
- Provide PPE to the tester (gloves, mask and eyewear)
- Conduct testing in a private area
- Use a no-touch thermometer
- Maintain social distancing in test line
- Pay employees for time spent waiting to test
- Do not record results, only who was checked
- If an employee has a fever, keep the results and action confidential
Word of Caution
Avoid asking employees about symptoms of COVID-19. While this virus is not a protected medical condition, symptoms can be similar to things that are.
