Authored by Dean R. Dietrich
We have all heard that Coronavirus infections in the State of Wisconsin may be “peaking” sometime in the next seven to ten days. That does not mean that we are done with the possibility of infection by the virus, but it does mean that we are moving in the right direction.
We need to start thinking now about what steps we should take when employees are allowed to return to work or at least, more flexibility is offered to businesses to have people return to the workplace. Here are some thoughts and considerations:
- Employers have the right to test the temperature of employees before they enter the workplace. Employers should have thermometers that do not involve fluids but involve checking temperature from a “head swipe” or testing in the ear. Federal regulations allow for employers to do this testing but it is important to keep information learned from the testing in a confidential format.
- If the temperature of an employee is at 100 degrees or above, the employer should pull that employee aside and discuss alternatives for the employee returning home. Employers should do everything possible to keep that action confidential so it does not spread amongst the workforce and protects the privacy of the employee.
- The employer should do everything possible to determine where the employee worked and who the employee came in contact with. This would involve interviewing the employee first and then giving notice to those other employees that they may have been affected by the employee’s medical condition. Again, the name of the employee should be protected as much as possible.
- It has been determined that the temperature test and the results would not constitute a medical examination in violation of the Americans with Disabilities Act or the Privacy Regulations provided the business tests everyone and does not discriminate and test only a certain group of employees.
- If an employee tests for a fever or exhibits other symptoms of the virus, efforts must be undertaken to segregate the employee immediately and make arrangements for the employee to return home. The employee should be placed on a 14-day self-quarantine and the employer should consider whether the employee is eligible for certain paid sick leave benefits. Again, the employer should take all steps possible to prevent the identity of the employee being disclosed to other employees although disclosure would be allowed to those management employees who have a “need to know” reason.
The various regulations suggest that an employer should contact the local public health agency for further guidance in how to address the potential contamination in the workplace. This may involve additional cleaning efforts and potentially the self-quarantine of other employees from a particular work area.
Our obvious hope is that we do not have to face this situation of potential contamination in the workplace. It does behoove employers to start thinking about this type of situation and how to properly address the circumstances.
If you have questions, please do not hesitate to contact us at Dietrich VanderWaal, S.C.
dietrich@dvlawgroup.com
(715) 845-9401
https://www.dietrichvanderwaal.com
