In the month since we first reported of local jurisdictions requiring employers to screen employees for symptoms of COVID-19, such policies have expanded rapidly. Earlier, we posted out list of California jurisdictions that have mandated that employers screen most or all employees working onsite or interacting with the public. 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 four statewide mandates, issued in Alaska, Georgia, Michigan, and South Dakota, 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 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.
This week, 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.
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 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.
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.
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