We are a Transportation Company. We fall under Federal Legislation. Under Covid – 19 we would be considered an “essential service.” We have some work places in high risk provincies such as Ontario, BC and Alberta. 1. Are we (the Employer) legally allowed to take employees tempratures before they enter the building? 2. If our builidng is leased can the Landloard take the temprature of our employees prior to allowing them to enter the building? If yes, are there any rules about what the actual symptomatic temprature is?

[Conner Lantz]

#80588

We are a Transportation Company. We fall under Federal Legislation. Under Covid – 19 we would be considered an “essential service.” We have some work places in high risk provincies such as Ontario, BC and Alberta. 1. Are we (the Employer) legally allowed to take employees tempratures before they enter the building? 2. If our builidng is leased can the Landloard take the temprature of our employees prior to allowing them to enter the building? If yes, are there any rules about what the actual symptomatic temprature is?

[Conner Lantz]

#80587

Basically, no.Think of it like a drug or alcohol test, which is highly privacy invasive and only permitted for safety-sensitive employees. Random testing is almost never allowed. What you’re proposing is actually more invasive than random testing; and you’re proposing to do it on all employees. The only way that would be permitted is if all employees give their full and voluntary consent. But that’s not very likely, especially if they’re unionized.
The landlord scenario is even more legally questionable. Even if there was something in the lease justifying the landlord’s right to test tenants, it wouldn’t bind the tenant’s employees since they weren’t parties to the lease and you can’t consent on their behalf.
If I’m overlooking something, pls let me know. But I see no legal basis for this kind of testing. Hope that helps. Glenn

[Author]

Posts