What You Need To Know About Testing Employees When Returning To Work
As employees go back into work, employers can implement procedures to reduce the risk of spreading the virus. The EEOC has approved checking temperatures and testing for Covid-19 as a condition of returning to work. There are criteria that have to be met before doing this. Normally, federal law would require an employer to have a “legitimate reason” to conduct or require medical tests.
Here are some criteria and best practices before implementing testing employees:
Employers must keep medical records separate from other personal information. Not recording it is the best way to ensure this doesn’t happen.
The EEOC says you can mandate testing before coming to work if “it’s job related and a business necessity”—if that person poses a direct health threat to others.
EEOC provisions have been made to the regulations when conducting medical tests or requesting medical records during the pandemic. Usually there are limits to how and when they can be conducted.
Employers need to establish a threshold, like the CDC established, of a 100.4 degree temperature. This could be the temperature limit to return to work.
Employers can require employees to be symptom-free before returning to work. The CDC recommends 14 days.
Be consistent with your screening. Testing should not violate EEOC and ADA laws, or give that perception. Some companies may need to test anyone that has travelled, left the country, or lives with someone that has symptoms.
The U.S. Department of Labor's Occupational Safety and Health Administration recently announced novel coronavirus safety guidance for employers, while its Wage and Hour Division addressed whether Fair Labor Standards Act implication for telework.
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