As an employer, you have an obligation to provide a safe, healthy work environment for your employees. What questions can you ask - and which must you steer clear of? Employers are required to provide safe and healthy work environments for their employees. Recognizing the value their staff provides to the business, most employers take this responsibility seriously. Sometimes, however, the need to protect worker health conflicts with laws concerning both healthcare privacy and workplace discrimination. When workers might be carriers of a contagious illness, what questions are employers allowed to ask - and which ones are a bridge too far? Workplace health and safety are governed by a patchwork of federal and state laws. Federal laws to consider in any workplace safety situation include: In addition, states have their own workplace laws that may impact health and safety. Understanding applicable state law in addition to federal requirements is essential. The appearance of the novel coronavirus, COVID-19, has raised several questions concerning workplace health. For example: Traditionally, employers are not allowed to subject workers to medical exams that aren't related to the job itself. Workers covered by the ADA may be screened medically only if the screening is necessary to document a medical condition related to an employee's request for reasonable accommodation. However, in the case of COVID-19, guidance from the Equal Employment Opportunity Commission (EEOC) states that employers can take workers' temperatures to screen for the virus. To fully comply with the law (and to provide the best available information for virus control measures), employers should test every employee, whether or not they are covered by the ADA. When employees call in sick, employers can also ask if they are experiencing COVID-19 symptoms, says the EEOC. However, employers must protect workers' responses, since they constitute confidential medical information as the ADA defines it. The ADA does not prevent employers from sending workers home if they show COVID-19 symptoms to protect others in the workplace. The first place to turn with specific legal questions is to a lawyer with experience in workplace health and safety issues. A lawyer can often address specific questions about business or employee relations. For help ensuring your staffing meets legal requirements, talk to a recruiter as well. Your recruiter can help you review and meet certain standards. Recruiters also help their clients meet staffing needs via temporary or contract workers by serving as the workers' employer of record. This article is not intended as legal advice and should not be construed as such. If you have specific legal questions, consult an attorney who is licensed to practice law in your jurisdiction. Which Laws Govern Workplace Health and Safety?
What Employers Can and Can't Ask About Health
Where to Turn for Help With Legal Compliance