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 April 6, 2021 at 9:00 a.m. (CDT), 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 We will update this list regularly but expect it will become outdated quickly as new announcements are made.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.

Tracking and complying with these requirements present significant challenges for employers, particularly those operating in different locations around the country.

Employers interested in further information may wish to consult our articles identifying statewide vaccination plansface covering guidance, and reopening and mitigation protocols, as well as our interactive reopening map.

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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

Recommended. "Best practice": employers should take temperatures onsite with a no-touch thermometer each day upon a person’s arrival at work. "Minimum practice": an employee may take his or her temperature before arriving. In either case, a normal temperature does not exceed 100.4F.

Recommended. Employers should screen all employees reporting to work for COVID-19 symptoms with specified  questions.

Alaska

No requirement

No requirement

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

Arizona

No requirement

No requirement

Arkansas

No requirement

No requirement

California

No requirement

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

Required. Employers 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 at the workplace, the employer shall ensure that face coverings are used during screening by both screeners and employees and, if temperatures are measured, that non-contact thermometers are used.

For employer-provided transportation to and from work, employers shall develop, implement, and maintain effective procedures for screening and excluding drivers and riders with COVID-19 symptoms prior to boarding shared transportation.

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

Colorado

Required. 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 at home prior to coming to the worksite. A sample form can be found here. State guidance provides that all information about employee illness must be treated as a confidential medical record.

Employers with over 50 employees in any one location shall, in addition to the above requirements, implement employee screening systems that follow the above requirements in one of the following ways: (1) set up stations at the worksite for symptom screening and temperature checks; or (2) create a business policy that requires at-home employee e self-screening each work day and reporting of the results to the employer prior to entering the worksite.

Required. 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 at home prior to coming to the worksite. A sample form can be found here. State guidance provides that all information about employee illness must be treated as a confidential medical record.

Employers with over 50 employees in any one location shall, in addition to the above requirements, implement employee screening systems that follow the above requirements in one of the following ways: (1) set up stations at the worksite for symptom screening and temperature checks; or (2) create a business policy that requires at-home employee e self-screening each work day and reporting of the results to the employer prior to entering the worksite.

Connecticut

No requirement

Required for personal care services, retail, restaurants, and office-based businesses. These employers must ask employees resuming on-premises work to confirm they have not experienced COVID-19 CDC-defined symptoms and to monitor their own symptoms, including cough, shortness of breath, or any two of the additional symptoms enumerated in the guidance.

Delaware

Required for high-risk businesses and recommended for all others: each employee must be asked about and report body temperature at or above 99.5F.  If a facility has the capability to perform active temperature monitoring, they may do so.

Division of Public Health Essential Services Screening Policy

Required for high-risk businesses and recommended for all others: employers must screen each incoming employee with a basic questionnaire. Division of Public Health Essential Services Screening Policy.

District of Columbia

No requirement

Required for non-essential retail, restaurants, retail food sellers (including grocery stores, farmers' markets, supermarkets, convenience stores, food halls, and food banks), personal care services, and gyms/fitness centers. These employers must check employees for symptoms before their shifts and exclude employees with cold- or flu-like symptoms. If an employee exhibits symptoms during shift, exclude that employee.

Recommended for lodging establishments and office spaces: screen employees by assessing symptoms of workers (including fever) with a questionnaire, at the beginning of their shift.

Health Screening Tool Guidance

Florida

No requirement

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

No requirement

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

Georgia

No requirement

Required for restaurants, bars, critical infrastructure and all other non-critical businesses conducting in-person operations. Employers must screen and evaluate employees who exhibit signs of illness, such as a fever over 100.4F, cough, or shortness of breath. Employers must require employees who exhibit signs of illness to seek medical attention and not report to work.

Gyms and fitness centers are also required to screen patrons at entrance and refuse entry to those displaying symptoms.

Hawaii

No requirement

No requirement

NOTE: At least one Hawaii locality has 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

Recommended for food and meat processing facilities. Employers should screen and monitor workers, including fever checks and symptom checks.

NOTE: While the guidance suggests these provisions are guidelines, the state attorney general takes the position that the provisions, along with the other minimum health and safety guidelines, are mandatory.

Recommended. Employers should conduct in-person screening of employees upon entry into workplace and mid-shift screening to verify no presence of COVID-19 symptoms.

NOTE: While the guidance suggests these provisions are guidelines, the state attorney general takes the position that the provisions, along with the other minimum health and safety guidelines, are mandatory. In addition, at least one Illinois locality has provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Indiana

Recommended for reopening businesses but not required.

Required. Open businesses must conduct employee health screenings.

Required for food industry workers.

NOTE: Some Indiana localities 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

Required. All businesses, including those that were permitted to remain open, must require employees to undergo daily temperature checks.  Businesses may choose whether to require (1) on-site temperature screenings, or (2) self-screenings conducted by employees at home at least once every 24 hours, ideally just before going to work, and reported to the employer prior to beginning work. Employees with a fever above 100.4° should not report to work.

Required. All businesses, including those that were permitted to remain open, must require employees to undergo daily 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 has 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 has 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 has provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Massachusetts

No requirement

Required for office spaces, personal care services, laboratories, gyms and fitness centers, lodging establishments, manufacturing, restaurants, retail stores, and "sectors not otherwise addressed." Facilities must screen workers at each shift by ensuring that workers are not experiencing any of the specified symptoms and have not had close contact with an individual diagnosed with COVID-19.

Michigan

Recommended for all employers: the daily entry self-screening protocol should include temperature screening "if possible."

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

Required for all businesses. Conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.

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

Minnesota

No requirement

Required. Employers must establish health screening protocols for workers at the start of each shift (e.g., health screening survey, taking temperature). A health screening must be conducted for each worker upon arrival and check-in at work using the Minnesota Department of Health Visitor and Employee Health Screening Checklist

Mississippi

No requirement

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

Missouri

No requirement. 

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

No requirement. 

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

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

No requirement

Required. The following employers must perform a daily symptom assessment, including monitoring for fever, cough, and trouble breathing: agriculture, appliance and furniture showrooms, auto dealerships, banks and financial services, personal care services, restaurants and food and drink establishments, general office operations, retail and consumer services, and transportation, couriers, and warehousing.

Recommended for all employers: have employees perform self-assessments for COVID-19-like symptoms each day.

Recommended for grocery employers. Employers should monitor employees for signs of illness and require sick workers to stay home.

New Hampshire

Required. Employers must document the temperature of all employees daily before their shift. Employers should take the temperatures of their employees on-site with a non-touch thermometer each day upon the employees arrival at work. If this is not possible, temperatures can be taken before arriving as long as it can sufficiently be authenticated by the employee. Normal temperature should not exceed 100.0F.

Required. Employers must develop a process for screening all employees reporting for work for COVID-19 related symptoms by asking the questions listed in the health screening questionnaire. The person responsible for screening should wear a cloth face covering.

New Jersey

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.

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

Recommended generally as part of an employer's mandatory health screening assessment.

Commercial building owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses shall have the discretion to require individuals to undergo temperature checks prior to being allowed admittance, as well as the discretion to deny admittance to (i) any individual who refuses to undergo such a temperature check and (ii) any individual whose temperature is above that proscribed by New York State Department of Health Guidelines.

Required. Reopening businesses must adopt the NY Forward Safety Plan, which includes implementing a mandatory health screening assessment (e.g., questionnaire, temperature check) before employees begin work each day and for essential visitors. Assessment responses must be reviewed every day and the review must be documented.

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

Recommended for restaurant employees: the daily health self-assessment should include taking temperature with a thermometer.

Required. Employees must conduct daily health self-assessments and must not report to work if symptomatic.

Oklahoma

No requirement

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

No requirement

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

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.

Personal care services employers should consider temperature checks for clients.

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.

Personal care services employers must contact clients prior to appointments to screen them for symptoms.

Pennsylvania

Required. Employers must implement temperature screening before employees enter the business, prior to start of each shift or, for employees who do not work shifts, before the employee starts work, and send employees home that have an elevated temperature or fever of 100.4F or higher.

Required. All businesses conducting in-person operations must screen workers for symptoms before they enter the business.

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

Puerto Rico

No requirement

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.

Required 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 

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

Recommended. Screen employees with questions about symptoms.

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

Texas

No requirement 

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

Utah

Required for gyms/fitness centers: Employees must go through symptom checking before every shift, including temperature.

Required for gyms/fitness centers and personal care services: Symptom checking of all staff at the beginning of each shift, with a log that can be made available for inspection by health department.

Recommended for all employers: employees who are, or work with, high-risk populations, should undergo daily screening/symptom monitoring.

Vermont

Recommended. It is strongly recommended that a temperature check be conducted by the employee at home or a non-contact temperature check be conducted by the employer or the employee at the worksite.

Required. Prior to the commencement of each work shift, all employees (except those that work alone and have no contact with other people during their shift such as those who work from home remotely) shall complete a health survey either in-person at the worksite or prior to arriving at the worksite. This screening survey shall require an employee to verify that he or she has no symptoms of COVID-19 before entering the workplace.

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 has provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

West Virginia

Recommended for restaurant and bar employers and lodging establishments. Employees are encouraged to take their temperature prior to leaving for work or upon arrival. If their temperature measures over 100F, the employee should notify management and not begin work.

Required for larger retail stores and casinos and gyms/fitness centers. The screening process must include temperature checks.

Required for certain employers. Restaurant and bar employers and casinos and lodging establishments and retail establishments and gyms/fitness centers must monitor their employees daily by asking screening questions about common symptoms of COVID-19.

Small businesses are recommended to screen employees for COVID-19 symptoms daily using a series of questions.

Wisconsin

No requirement

No requirement

Wyoming

No requirement

Required. Restaurant/bar employees, movie theater and live performance venue employees must be screened for symptoms of illness before each shift.

Required. Gym employees must be screened for symptoms of illness before each shift.

Required. Personal care services employees must be screened for symptoms of illness before each shift.

Generally recommended for other employers.

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