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With the essential workers of health professionals to grocery clerks still goes to their physical workplaces on a daily basis, many companies have put in place security measures. From the reorganization of the offices to ensure social distancing make masks mandatory, employers put new rules in place to reduce the spread of coronavirus. Some workplaces have taken a controversial step even more dramatic and: demandingEmployee temperature controls on arrival at work. The establishment of this process raises a lot of questions, so we talked about labor law experts and the medical field to find out what you need to know about compulsory working temperature checks right now. And for more coronavirus insight, seeThis is the n ° 1 mask error that you are probably doing.

Is it legal for my work to take my temperature?

"As a general rule, employers would not be able to take employee temperatures because it would be contrary to the Americans with Disabilities ACT (ADA)," saysBrett HolubeckJD, a lawyer in labor law and employment toAlaniz Law & Associates in Houston, TX.

In general, the medical tests in the workplace can not be a requirement, because the screening of certain symptoms would inevitably result in discrimination against individuals with a wide variety of disabilities and medical conditions. However, because of the unprecedented nature of the Covid-19 pandemic, the rules of what employers can and can not make their employees submit to have changed dramatically.

"Because the [Centers for Disease Control and Prevention] and the local health authorities haveCOVID-19 recognized community dissemination And issued precautions from 2020 March, employers can measure the body temperature of employees, "says Holubeck.

This is true even employees who have confidentiality clauses in their contracts. "It is likely that there is nothing in any contract about [a pandemic], and therefore [temperature controls] will not be against the contract," explains the lawyerJustin Meyer, Esq., Associate at Rosenthal Meyer, PLLC. And if you want to know how department stores are judging the progression, these areSecurity instructions Coronavirus Walmart Employees must take now.

What about my privacy?

Fortunately, what your employer can do with the information gleaned from the temperature controls is limited. Notes Holubeck that your temperature and other medical information Your boss or service of human resources takes note during a projection is still subject to ADA confidentiality requirements. This means that your employer can not say your colleagues legally that you have a fever or publicly name the employees who have been diagnosed with COVID-19.

Labor Law Work and LawyerRichard dreitzer Craig Fennemore adds that employers will have to take precautions to ensure that the information they collect remains private. "You need the identity and protection test as discretely as possible. No lines outside the Human Resources Office, "he says.

And in order to ensure that the test itself is not called into question, the Dreitzer warnings that employers who choose to make the temperature controls of the employees "need to ensure that their organization passes the sustainable tests of competence, coherence and common sense. In simple terms, companies should have implemented protocols such as using the same type of thermometer (whether of the oral or infrared variety) for all employees, predetermine what reading the body temperature Will be high enough to send employees at home and re -assessing these measures to keep them in accordance with updated guidelines from the CDC.

These protections do not guarantee that discovered information is removed immediately, however. Holubeck says that, according to the safety standards at the work of administration and health, yourThe employer must keep your health records For the duration of your job, more than 30 years. And for more Covid-19 facts, consultHere's how long coronavirus germs stay in the right air to talk.

Can I have refused a temperature control?

If you choose to refuse control of temperature, your employer may be able to take action against you. In the case of au-will be used, which constitute the majority of American workers with or without reason may occur at any time. Meyer says that the refusal of temperature control "could be considered as a cause for causes to endanger the safety of the workplace. »

For employees at will, employment rules can change down the hat.

"The employer could do anything a condition of employment, as long as this particular condition did not violate a specific law", such as racial or gender discrimination, saidJoseph Slater, JD, PhD, a Eugene N. Balk law professor and values ​​at the University of Toledo Law School. "A non-unionized private sector employer could legally make" being a fan of Detroit pistons "a condition of use", "he explains. Basically, your employer has the carte blanche to require your temperature to be taken daily at work as long as no law is broken in the process.

Can my union prevent mandatory temperature controls?

Even if you are a member of a union, your boss can get out of your contract if they deem it necessary to keep others safely.

"There is a well-known concept of labor law called" necessary circumstances "which allows an employer to implement changes without a trade union agreement, in response to unpredictable circumstances requiring immediate action," saidDavid MillerCounsel for the law of labor law and certified labor law of the board with Bryant Miller Olive. The unpredictable circumstances would include the coronavir pandemic.

Do temperature controls even work?

While requiring the controls of the temperature of the employees are not particularly problematic from the legal point of view, the medical experts warn that it may not be completely effective. Scientific doctorWilliam Li, MD, author ofEat to beat the disease, says that one of the major defects to give control of the temperature of the employees is thatasymptomatic individuals With COVID-19 can always transmit the virus to others. Another problem with practice? "All peoples may have fever when they are infected with Covid-19", but can present to other symptoms instead, he warns.

Li also notes that many other medical conditions - including minor infections that are not easily transmitted to other people - can cause fevers. Employers can therefore end up sending home mainly people who are not likely to spread a disease to those around them.

Nevertheless, temperature checks can be the best options for option employers right now.

"The only manometer really effective in determining whether an employee has COVID-19 is to administer an antigen or antibody test," saidCARA PENSABENE, MD, Medical Director of Ehe Health. Unfortunately, it can take up to a few days to receive the results of these tests. Sick employees could potentially continue to broadcast the virus before the results are entered.

Although there is no magic bullet to keep everyone safe, Li says that many precautions already in place can help stop spread, even without verification of temperature. These precautions include the spacing of offices in the offices, encouraginghand washingand have carefully cleaned shared spaces. Employers should also promote safe safe behavior, he says.

"Make sure your employees arePractice home safety with masksDistantiament and other recommended maneuvers outside work are an important part of ensuring healthy health, "says Li.