CDC Recommendations for Pre-Work Employee Health Screening

The CDC recommends that every business conduct daily health checks before they enter the facility

The CDC also asks that employers consider conducting daily in-person or virtual health checks (e.g., symptom and/or temperature screening) of employees before they enter the facility, in accordance with state and local public health authorities and, if available, your occupational health services:
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• If implementing in-person health checks, conduct them safely and respectfully. Employers may use social distancing, barrier or partition controls, or personal protective equipment (PPE) to protect the screener. However, reliance on PPE alone is a less effective control and is more difficult to implement, given PPE shortages and training requirements.
• See the “Should we be screening employees for COVID-19 symptoms?” section of General Business Frequently Asked Questions - see here for the link (this may open a new tab in your browser)
• Complete the health checks in a way that helps maintain social distancing guidelines, such as providing multiple screening entries into the building
• Follow guidance from the Equal Employment Opportunity Commission (EEOC) regarding confidentiality of medical records from health checks.
• The CDC also urgest that business prevent stigma and discrimination in the workplace, by making employee health screenings as private as possible. And of course emphasizing that employers should not make determinations of risk based on race or country of origin and be sure to maintain confidentiality of each individual’s medical status and history.

The CDC views screening employees as an optional strategy that employers may use. Performing screening or health checks will not be completely effective because asymptomatic individuals or individuals with mild non-specific symptoms may not realize they are infected and may pass through screening. Screening and health checks are not a replacement for other protective measures such as social distancing.

Impact of HIPAA and ADA on Pre-Work Employee Health Screening

While it seems most businesses can screen employee health without violating HIPAA, the Americans with Disabilities Act (ADA) or state confidentiality laws, may apply.

For instance, the ADA requires employers that obtain medical information through inquiry or examination to maintain it in a confidential medical file and keep it separate from the employee’s personnel file. Employers have been encouraged by the CDC and EEOC to question their employees regarding travel, exposure, or symptoms related to COVID-19. Any medical information disclosed as part of this dialogue should be treated as confidential. Many employers have opted for pencil and paper forms for mandated employee health screenings. But they may be inadvertently mishandling protected information under the ADA.

If a positive case is identified in the workplace, the employer is encouraged to investigate the exposure of others in the workplace without disclosing the name of the individual or any personally identifiable information about the person. ADA prohibits the employer from disclosing the identity of a person with a positive tests.

HIPAA imposes obligations to safeguard protected health information (PHI) only on covered entities. Covered entities include health plans, health care clearinghouses, and health care providers. Employers acting in their capacity as an employer is not subject to HIPAA. For HIPAA it is important to understand that: However, the Americans with Disabilities Act (ADA) or state confidentiality laws, may apply.
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• HIPAA defines “Covered Entities” to generally include health care providers, health plans, and health care clearinghouses.
• Covered Entities may not disclose protected health information (“PHI”) unless permitted by HIPAA. An individual’s health status related to testing positive for COVID-19 is considered PHI.
• Unless an employer is otherwise a Covered Entity as described above, it is not subject to HIPAA’s restrictions on disclosures of PHI.