This Won’t Hurt a Bit: Employee Temperature and Health Screenings – A List of Statewide Orders (UPDATED)

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Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift. These health screening steps, including temperature checks, have become more common as states reopen their economies.

This post, current as of June 30, 2021 at 9:00 a.m. (Central), covers statewide laws and orders that require employers to take employees’ temperatures and/or conduct other employee health screening procedures, such as asking employees about any COVID-19-consistent symptoms using a questionnaire or checklist. This chart covers only generally applicable requirements and does not cover the heightened requirements applicable to certain types of employees, such as healthcare workers; public health workers; long-term care, assisted living, and nursing home workers; first responders; and law enforcement. We will update this list regularly but expect it will become outdated quickly as new announcements are made.

Note that this list does not include temperature or health screening requirements at the local level. 

In addition, this post does not address other significant issues related to employer screenings of employee health, including potential wage and hour, discrimination, and privacy concerns. As a result, employers should consult with counsel for details on additional orders that may apply to their operations and for guidance on related legal questions.

Employers interested in further information may wish to consult our articles identifying face covering guidance and reopening and mitigation protocols.

Jurisdiction

Temperature Screening

Other Health Screening

Federal

Recommended. Employers should consider conducting daily in-person or virtual health checks (e.g., symptom and temperature screening) of employees before they enter the facility, in accordance with state and local public health authorities and occupational health services.

Recommended. Employers should consider conducting daily in-person or virtual health checks (e.g., symptom and temperature screening) of employees before they enter the facility, in accordance with state and local public health authorities and occupational health services.

Alabama

No requirement

No requirement

Alaska

No requirement

No requirement

Arizona

No requirement

No requirement

Arkansas

No requirement

No requirement

California

No requirement

Required. The employer shall develop and implement a process for screening employees for and responding to employees with COVID-19 symptoms. The employer may ask employees to evaluate their own symptoms before reporting to work. If the employer conducts screening indoors at the workplace, the employer shall ensure that face coverings are used during screening by both screeners and employees who are not fully vaccinated and, if temperatures are measured, that non-contact thermometers are used.

NOTE: Some California localities may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Colorado

Recommended. Employers are strongly encouraged to follow the best practices for disease mitigation found in CDPHE sector guidance. The sector guidance for most industries calls for symptom screening and temperature checks.

Recommended. Employers are strongly encouraged to follow the best practices for disease mitigation found in CDPHE sector guidance. The sector guidance for most industries calls for symptom screening and temperature checks.

Connecticut

No requirement

No requirement

Delaware

No requirement

No requirement

District of Columbia

No requirement

Recommended. Businesses can consider screening employees for symptoms before shifts. Screening can be done by attestation before arrival or on-site.

Florida

No requirement

No requirement

Georgia

No requirement

No requirement

Hawaii

No requirement

No requirement

NOTE: Some Hawaii localities may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Idaho

No requirement

Recommended. Employers should include other practices appropriate for specific types of businesses where appropriate, such as screening of employees for illness and exposures upon work entry. 

Illinois

No requirement

No requirement

Indiana

No requirement

No requirement

NOTE: Some Indiana localities may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Iowa

No requirement

No requirement

Kansas

Recommended. Employers should monitor employees' temperatures regularly. The state provides a template screening form for logging symptoms.

Recommended. Employers should monitor employees' symptoms regularly. The state provides a template screening form for logging symptoms.

Kentucky

Recommended. Employers should require employees to undergo daily temperature checks and health assessments for specified symptoms. These assessments may be either self-administered or administered by the business prior to workplace entry. Self-administered assessments may performed at home.

Recommended. Employers should require employees to undergo daily temperature checks and health assessments for specified symptoms. These assessments may be either self-administered or administered by the business prior to workplace entry. Self-administered assessments may performed at home. 

Louisiana

Recommended. Employers should measure each employee’s temperature and assess symptoms prior to the start of work. Ideally, temperature checks should occur before entering the facility.

NOTE: At least one Louisiana locality may have provisions concerning employee temperature screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Recommended. Employers should measure each employee’s temperature and assess symptoms prior to the start of work.

NOTE: At least one Louisiana locality may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Maine

No requirement

No requirement

Maryland

Recommended. Employers should implement a daily screening process for workers and other personnel which include CDC or MDH recommended health questions and consider temperature testing.

Recommended. Employers should implement a daily screening process for workers and other personnel which include CDC or MDH recommended health questions and consider temperature testing.

NOTE: At least one Maryland locality may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Massachusetts

No requirement

No requirement

Michigan

No requirement

NOTE: At least one Michigan locality may have provisions concerning employee temperature screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

No requirement

NOTE: At least one Michigan locality may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Minnesota

No requirement

No requirement

Mississippi

No requirement

Recommended. Employers are encouraged to implement screening protocols for employees and volunteers at the beginning of each shift.

Missouri

No requirement. 

No requirement 

Montana

Recommended. Businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices regarding temperature checks and symptom screening.

Recommended. Businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices regarding temperature checks and symptom screening.

Nebraska

No requirement

Recommended. Employers are strongly encouraged to complete employee pre-screening (e.g. assess for any symptoms consistent with COVID-19) prior to starting work.

Nevada

Recommended. While temperature checks are not specifically required, temperature checks are a useful method of identifying potentially infectious people in the workplace and can serve as a method of screening for health issues.

Required. Employers must monitor employee health conditions by conducting daily surveys of changes to employee health conditions.

New Hampshire

No requirement

Recommended. Employers should consider active screening or daily self-attestation of staff and volunteers each day before work for fever, symptoms of COVID-19, or risk factors for exposure, especially for those who provide services requiring close prolonged contact between staff and customers (people are within 6 feet of each other for 10 minutes or longer). 

New Jersey

Statewide requirements expire 7/4/21.

Required for agriculture employers. Employer is to screen workers for symptoms, including temperature and symptom checks prior to work shifts.

Required for restaurants and other food and beverage establishments. Employers must conduct daily health checks (e.g., temperature screening and/or symptom checking) of employees safely and respectfully, and in accordance with any applicable privacy laws and regulations.

Required for gyms and fitness centers and high-touch amusement and recreation activities: a facility shall conduct a temperature screening and questionnaire of staff and clients upon entrance to the facility. Any individual who is found to have a temperature of 100.4 or above, or who answers yes to any of the symptom screening questions, shall be denied entrance to the facility.

Statewide requirements expire 7/4/21.

Required for all employers. Prior to each shift, conduct daily health checks of employees, such as temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance, including latest CDC guidance regarding COVID-19 symptoms, consistent with the confidentiality requirements of the ADA, NJLAD and any other applicable laws, and consistent with any guidance from the EEOC and the New Jersey Division on Civil Rights.

Required for agriculture employers. Employer is to screen workers for symptoms, including temperature and symptom checks prior to work shifts.

Required for restaurants and other food and beverage establishments. Employers must conduct daily health checks (e.g., temperature screening and/or symptom checking) of employees safely and respectfully, and in accordance with any applicable privacy laws and regulations.

Required for gyms and fitness centers and high-touch amusement and recreation activities: a facility shall conduct a temperature screening and questionnaire of staff and clients upon entrance to the facility. Any individual who is found to have a temperature of 100.4 or above, or who answers yes to any of the symptom screening questions, shall be denied entrance to the facility.

New Mexico

No requirement

Required. All employers must screen employees for symptoms before they enter the workplace each day, verbally or with a written or text/app-based questionnaire.

New York

No requirement

No requirement

North Carolina

No requirement

Recommended. Employers should conduct daily symptom screening of employees at entrance to workplace and immediately send symptomatic workers home to isolate. Screening questionnaire here.

North Dakota

Recommended at the orange risk level for restaurants, banquet and event venues, and personal care services. Screen employees for symptoms, including temperature checks.

Department of Health Employee Screening Tool

Recommended at the orange risk level for restaurants, banquet and event venues, and personal care services. Screen employees for symptoms, including temperature checks.

Department of Health Employee Screening Tool

Ohio

No requirement

No requirement

Oklahoma

No requirement

No requirement

Oregon

Recommended. Employers should consider regular health checks (e.g., temperature and respiratory symptom screening) or symptom self-report of employees, if job-related and consistent with business necessity.

Recommended. Employers should consider regular health checks (e.g., temperature and respiratory symptom screening) or symptom self-report of employees, if job-related and consistent with business necessity.

Pennsylvania

No requirement

No requirement

NOTE: At least one Pennsylvania locality may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Puerto Rico

Required. Employees and visitors must have a temperature check prior to entering the business establishment.

Required. Employers must implement a protocol to monitor and screen personnel prior to entering the workplace, along with the procedures to follow in case they detect an employee with symptoms.

Rhode Island

No requirement

Required. Businesses must implement and ensure compliance with screening all individuals entering the establishment at any time for any reason including, at minimum: (1) visual assessment, self-screening, or a written questionnaire, or a combination of any of these screening methods; and (2) at all entrances to an establishment, notice that all individuals entering must be screened or self-screened, and to not enter if they are COVID-19 positive, have COVID-19 symptoms, or have had close contact with a COVID-19-positive individual.

South Carolina

Recommended for restaurant employees. The screening process should include temperature taking.

Recommended for restaurant employees. Employers shall conduct, prior to or at the start of each shift, an employee survey and screening process.

South Dakota

No requirement

Recommended. Employers can ask employees screening questions when they report to work and keep a daily screening log.

Tennessee

No requirement 

Recommended. Screen employees with questions about symptoms.

Texas

No requirement 

NOTE: Some Texas localities may have provisions concerning employee temperature screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

No requirement 

NOTE: Some Texas localities may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Utah

Recommended for all employers: screen employees and customers for signs of COVID-19 before they enter the workplace, including temperature checks if feasible.

Recommended for all employers: screen employees and customers for signs of COVID-19 before they enter the workplace, including temperature checks if feasible.

Vermont

No requirement 

Recommended that employers instruct all employees to monitor their symptoms daily.

Virginia

Recommended generally. Employees should also self-monitor their symptoms by self-taking of temperature to check for fever before reporting toork. For employers with established occupational health programs, employers can consider measuring temperature and assessing symptoms of employees prior to starting work/before each shift.

Required for employers with hazards or job tasks classified as "medium," "high," or "very high." Prior to the commencement of each work shift, prescreening or surveying shall be required to verify each covered employee does not have signs or symptoms of COVID-19.

Recommended generally. Prior to a shift and on days employees are scheduled to work, employers should screen employees prior to starting work. Employees should also self-monitor their symptoms by self-taking of temperature to check for fever and utilizing the questions provided in the VDH Interim Guidance for COVID -19 Daily Screening of Employees before reporting to work. For employers with established occupational health programs, employers can consider measuring temperature and assessing symptoms of employees prior to starting work/before each shift.

Washington

No requirement 

Required. All employers must screen employees for signs/symptoms of COVID-19 at the start of their shift.

NOTE: At least one Washington locality may have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

West Virginia

No requirement

No requirement

Wisconsin

No requirement

No requirement

Wyoming

No requirement

No requirement

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