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requiring employees to COVID tests

SP
Suzanne Paulson
Fri, Jul 17, 2020 6:20 PM

Has anyone done the research on whether a public entity can require employees to test for COVID?

Scenario:  Department Head has a child that tests positive.  Department Head gets a test and it's negative.  After getting the negative result Department Head tells the Mayor.  The Mayor is requiring all of the employees in the Department to take a COVID test.  Also, there are city wide COVID precautions already in place and have been since April, i.e. temperature checks, etc.

I personally don't think the City can just require employees to do aCOVID test under these circumstances, i.e. Department Head tested negative and the employees have no symptoms.  Plus, the Mayor has an alternative, i.e. require all employees to quarantine.  Now, if he does this, the Mayor won't have anyone working in that department and he will have to pay them to stay home but it is an alternative.

I see this similar to drug testing, i.e. cities can only drug test employees under certain circumstances and they can't randomly drug test non-safety sensitive employees.  If you subject a public employee to a drug test when the employee does not fall into one of the testing categories it's considered a 4th Amendment violation.

But, I have not done any research on required COVID testing so I wanted to get everyone's thoughts?

Suzie

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1444
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/

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Has anyone done the research on whether a public entity can require employees to test for COVID? Scenario: Department Head has a child that tests positive. Department Head gets a test and it's negative. After getting the negative result Department Head tells the Mayor. The Mayor is requiring all of the employees in the Department to take a COVID test. Also, there are city wide COVID precautions already in place and have been since April, i.e. temperature checks, etc. I personally don't think the City can just require employees to do aCOVID test under these circumstances, i.e. Department Head tested negative and the employees have no symptoms. Plus, the Mayor has an alternative, i.e. require all employees to quarantine. Now, if he does this, the Mayor won't have anyone working in that department and he will have to pay them to stay home but it is an alternative. I see this similar to drug testing, i.e. cities can only drug test employees under certain circumstances and they can't randomly drug test non-safety sensitive employees. If you subject a public employee to a drug test when the employee does not fall into one of the testing categories it's considered a 4th Amendment violation. But, I have not done any research on required COVID testing so I wanted to get everyone's thoughts? Suzie OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [cid:image002.png@01D65C3D.020809D0]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [cid:image003.png@01D65C3D.020809D0] <https://twitter.com/omag1977> [cid:image004.png@01D65C3D.020809D0] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group>