Can the employer measure the body temperature of workers and prevent access?

In the current context of COVID-19 disease, and solely for reasons of protection of the health of one’s own and third parties, body temperature measurements may be performed on workers for the purpose of access and stay in the workplace, but it is expressly forbidden to register body temperature associated with the identity of the person, except with the express authorization of the person.

If temperature measurements are higher than normal body temperature a), this person may be prevented from accessing the workplace.

The legislator has defined a criterion that may be ambiguous.

The SNS24, citing dgs / INEM, reports that normal body temperature is between 36 and 37º C, depending on several factors (Source: link).

In the present case, the legislature appears to assess a potential situation of fever.

To this end, it is recommended to read the manual published by DGS “HEALTH AND WORK prevention measures of COVID-19 in companies”, which considers fever body temperatures equal to or higher than 38ºC. The manual can be found at the link.

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