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Can you ask for and record temperatures of employees or does that become a medical record?

Posted by Steve Bardocz on 23 September 2020 03:21 PM

We have been getting asked if an employer is legally allowed to request temperature and screening questions and then prevent them from entering the building and/or working. The answer is a resounding YES. We have also been getting asked if storing the screening details now becomes a medical record and HIPAA compliance laws start coming into play. That is NOT the case. This information is not considered a medical record since it's part of an employee health and screening process that everyone must go through. Here is a reference article and the section that applies to this topic.

https://www.cnbc.com/2020/05/29/what-employers-can-legally-ask-about-coronavirus-in-return-to-work.html

Under the new guidelines, legal experts say employers are now allowed to take two actions to protect their workforces: temperature screening and checking for symptoms of the coronavirus. Employers can also exclude workers they suspect have symptoms from the workplace. “The EEOC wants employers to have the ability to exclude people who have the symptoms and frankly not worry about being sued,” says Barbara Hoey, partner and co-chair of the labor employment group at Kelley Drye & Warren.

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