In the six weeks since we first reported of local jurisdictions requiring employers to screen employees for symptoms of COVID-19, such policies have expanded rapidly. Earlier, we presented an updated list of California jurisdictions mandating employee health screenings. Now, we are pleased to present our list of jurisdictions outside of California mandating employee health screenings. Note that this list does not include jurisdictions that have recommended screening, only those that have mandated it. In addition, we have excluded screening requirements that may only apply to a small segment of the workforce.
This list begins with twelve statewide mandates, followed by local jurisdictions in alphabetical order by state, then local jurisdiction.
As always, given the rapid developments in this area, it is possible that the list will be missing a jurisdiction or two. If you learn of developments that you don’t see here, please let us know at email@example.com.
Alaska Governor Mike Dunleavy's Health Mandate 16, issued on April 22, 2020, requires employers to conduct pre-shift screening and maintain a staff screening log. The Order does not specifically state what employers must screen for.
On May 8, 2020, Colorado’s Department of Public Health & Environment published an amended Public Health Order in response to Governor Jared Polis’ Safer at Home Executive Order. The Order states that employers must “implement symptom monitoring protocols, conduct daily temperature checks and monitor symptoms in employees at the worksite to the greatest extent possible, or if not practicable, through employee self-assessment prior to coming to the workplace.” Colorado also links to a sample form that the state has developed for employers to use to track symptoms.
On April 2, 2020, Georgia Governor Brian Kemp signed an Executive Order that requires businesses that remain open to screen and evaluate workers who show signs of illness, such as fever over 100.4 degrees, cough, or shortness of breath. While the order was scheduled to expire on April 13, is was extended to April 30.
During the week of April 20, Governor Kemp issued two Executive Orders (here and here) that permit some businesses to reopen. These Executive Orders require re-opening businesses to screen employees who show signs of illness.
Indiana Governor Eric Holcomb’s Executive Order of May 1, 2020, requires employers to develop plans to ensure a safe environment for employees, customers, and others. Among the required elements of the plan are instituting an employee health screening process.
Employers must require employees to undergo daily temperature and health checks according to an Order signed on May 11, 2020. Employers may allow employees to self-administer health screenings or employers may administer them before employees enter the workplace. The order details the process employers are to use for health screenings and temperature checks.
On April 29, 2020, Maine Governor Janet Mills issued an Executive Order that incorporates, by reference, a state plan for resuming economic activity, known as the Restarting Plan. As part of the Restarting Plan, businesses that resume in-person operations must commit to comply with general and industry-specific checklists. Among other things, the general checklist requires employers to ask employees specific questions to screen for symptoms of COVID-19.
On April 24, 2020, Michigan Governor Gretchen Whitmer signed an Executive Order that, among other things, requires employers to adopt policies to prevent workers from entering the premises if they display signs of respiratory symptoms or had had contact with a person with a confirmed diagnosis of COVID-19. On May 7, 2020, she signed an Executive Order permitting the reopening of certain industries, including manufacturing and construction. Employers in these industries must conduct a daily screening for COVID-19 symptoms using a questionnaire and, if possible, a temperature screening.
Minnesota, pursuant to Executive Order, is allowing “non-critical exempt” businesses, such as industrial, manufacturing, and non-customer facing office-based businesses to return to work if they establish a COVID-19 Preparedness Plan. Among other things, each plan must establish policies and procedures, including health screenings, that prevent sick workers from entering the workplace.
On May 1, 2020, New Hampshire Governor Chris Sununu signed an Executive Order allowing certain businesses to reopen provided that they comply with new Universal Guidelines. Among other things, the Guidelines require employers to develop a process for screening all employees reporting to work for COVID-19 symptoms. Employers must also “document” the temperature of all employees daily before their shift.
On April 6, 2020, South Dakota Governor Kristi Noem signed an Executive Order that requires employers to “implement the recommended CDC hygiene practices and other business strategies designed to reduce spreading the disease (staggering shifts, flexible schedules, employee screenings, etc.).” The state has also developed guidance on employee screening.
On April 24, 2020, Vermont Governor Phil Scott signed an Executive Order further expanding the types of businesses allowed to resume work. Among other things, the Order requires employers to screen employees, including through temperature checks and survey, for symptoms of respiratory illness.
Wyoming has modified several of its health orders (see examples here and here) to permit additional businesses to reopen. The new orders include provisions expressly requiring employers to check employees for symptoms of COVID-19 and previous exposure to a person with COVID-19 infection in the last 14 days.
Key West, FL
The city of Key West has issued an Emergency Directive that requires employers to screen and evaluate workers who exhibit signs of innless, such as fever, cough, or shortness of breath.
Oakland Park, FL
On March 27, the Oakland Park Mayor Matthew Sparks signed a City Order requiring essential businesses to screen employees and prevent any employee from entering the employer’s premises if experiencing any signs of COVID-19, such as a fever over 99.9 degrees, cough, or shortness of breath. Mandatory screening questions also prohibit employees from working if they have been to “any area known to have high numbers of positive cases” or been in any airport within the past 14 days.
Regional Medical Coordination Center Region 6, IA
On April 16, 2020, Iowa Governor Kim Reynolds announced increased COVID-19 mitigation efforts would be in effect for Region 6 of the state’s Regional Medical Coordination Center (which is in the Northeast part of the state). The governor’s proclamation includes a provision requiring employers with in-person operations to take “reasonable precautions to ensure the health of their employees and members of the public, including appropriate employee screening, social distancing practices, and increased cleaning and hygiene practices.”
Region 6 includes the following Iowa counties: Allamakee, Benton, Black Hawk, Bremer, Buchanan, Clayton, Delaware, Dubuque, Fayette, Grundy, Howard, Jones, Linn, and Winneshiek.
On April 28, 2020, the City of Cambridge amended its Temporary Emergency Order to, among other things, requires employers to screen employees for symptoms of COVID-19 prior to allowing them on work sites.
A number of counties in Michigan have adopted similar Emergency Orders requiring employers to develop a daily screening program for all staff upon, or just prior to, reporting to work sites. In general, the screening process must include assessing whether the worker has COVID-19 symptoms. When a touchless thermometer is available, it is strongly recommended in lieu of verbal communication. However, if there is a shortage of such thermometers, employees may self-report temperature.
Employers also must screen employees as to whether they have had close contact with anyone with a diagnosis of COVID-19, certain activity or travel, and whether a local health department has told them to self-quarantine.
The counties with such orders include:
Ingham County has also adopted a workplace checklist and a screening form that employers may use. Oakland County has also developed a checklist.
On April 17, 2020, Durham County, NC amended its Stay at Home Order to require businesses, to the extent possible, perform temperature checks of employees when they report to work and mandate that any employee with a temperature above 100.4 degrees be sent home.
On April 16, 2020, Dallas County amended its Safer at Home Order to implement mandatory screening requirements. Among other things, employers in numerous industries must check the temperature of employees before work and exclude any employees with a temperature above 99.6 degree.
On April 3, 2020, Edinburg, TX Mayor Richard Molina signed an Order that, among other things, requires employers to screen employees before work and exclude any who show signs of a respiratory infection or has had close contact within the last 14 days with someone with a confirmed diagnosis of COVID-19. Businesses are required to submit a Work Safe Plan to the city.
El Paso, TX
On April 3, 2020, the El Paso, Tx Health Authority issued an Order that, among other things, requires employers to conduct regular health checks of employees either through temperature checks or respiratory screenings. Businesses must conduct the first health check of they day immediately upon an employee’s arrival to work. Employees with a temperature greater than 100 degrees are to be sent home.
Many jurisdictions in Utah have recommended that employers screen employees at the beginning of each shift for symptoms of COVID-19. However, screening is mandatory in the following jurisdictions:
Central Utah Public Health Department
Tooele County Health Department