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Legal question RE covid temp checks

Posted on 2/4/21 at 4:33 pm
Posted by lsusa
Doing Missionary work for LSU
Member since Oct 2005
4491 posts
Posted on 2/4/21 at 4:33 pm
Asking for a friend of course

Your boss directs you to take employees temperature every morning when them come into work. The device the boss gives you does not work*.

You make you boss aware on multiple occasions that the device does not work. You make your bosses boss aware. Nothing is done. You continue to do the pantomime because you’re in fear of losing your job - but you know you aren’t following the guideline to perform a temperature check.

1- are you legally liable if someone dies?

2-is your boss or his boss liable?

3- is your organization/company liable?

4- if the company were to fire you for refusing to take part in the ruse, do you have any recourse? (In-b4 crossing the street to work at Burger King)

What says the OT? Thanks in advance.



* this is not a case of the general unreliability of these devices or arguing whether or not a temp check is really valid
Posted by rondo
Worst. Poster. Evar.
Member since Jan 2004
77404 posts
Posted on 2/4/21 at 4:34 pm to
Sir....you work at a Wendys
Posted by boosiebadazz
Member since Feb 2008
80123 posts
Posted on 2/4/21 at 4:35 pm to
I think you’d be justified in sticking your finger in their assholes to do a rectal check of the temperatures.

You can almost argue you’d be negligent and possibly responsible for not sticking your finger in their arse if you know your gadget isn’t working.
This post was edited on 2/4/21 at 4:36 pm
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32345 posts
Posted on 2/4/21 at 4:35 pm to
quote:

1- are you legally liable if someone dies?

2-is your boss or his boss liable?

3- is your organization/company liable?


No, how would anyone be able to determine that the person who dies, contracted COVID at your place of employment?

ETA: Louisiana is a right to work state, you can be fired for any reason that isn't federally protected.
This post was edited on 2/4/21 at 4:37 pm
Posted by RummelTiger
Texas
Member since Aug 2004
89827 posts
Posted on 2/4/21 at 4:35 pm to
quote:

1- are you legally liable if someone dies?

2-is your boss or his boss liable?

3- is your organization/company liable?



No.

quote:

4- if the company were to fire you for refusing to take part in the ruse, do you have any recourse?


If they are stupid enough to specifically fire you for that, then they deserve to be sued.
Posted by atrain5
Baton Rouge Correctional Facility
Member since Sep 2017
2209 posts
Posted on 2/4/21 at 4:36 pm to
Just start anal swabbing
Posted by BobLeeDagger
In Your Head
Member since May 2016
6905 posts
Posted on 2/4/21 at 4:36 pm to
How are you going to prove beyond a reasonable doubt that the virus was contracted in the office by a coworker?
This post was edited on 2/4/21 at 4:38 pm
Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
11132 posts
Posted on 2/4/21 at 4:36 pm to
Just go along with the ruse like everyone else. Go buy a thermometer if you’re so worried about accuracy.
Posted by RummelTiger
Texas
Member since Aug 2004
89827 posts
Posted on 2/4/21 at 4:37 pm to
quote:

how would anyone be able to determine that the person who dies, contracted COVID at your place of employment?



I can't even tell you how many times I had to explain this to people. People are stupid.
Posted by arseinclarse
Algiers Purnt
Member since Apr 2007
34405 posts
Posted on 2/4/21 at 4:37 pm to
You take the thermometer and shove it up your arse
Posted by T
Member since Jan 2004
9889 posts
Posted on 2/4/21 at 4:38 pm to
If there is a temp check sign in have you ever looked at the temps listed? Pretty much everybody in every office has hypothermia.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34921 posts
Posted on 2/4/21 at 4:44 pm to
There is already precedent.

This post was edited on 2/4/21 at 4:45 pm
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11785 posts
Posted on 2/4/21 at 4:47 pm to
are you classified as an expert in the temperature measuring device?

have you been trained in the operation of the device?

issues back at the company you work for RE improper training
Posted by TheAlmightySmash
New Orleans
Member since Jun 2014
5479 posts
Posted on 2/4/21 at 4:53 pm to
You can't die from covid so you're good.
Posted by southside
SW of Monroe
Member since Aug 2018
583 posts
Posted on 2/4/21 at 4:55 pm to
Alert your boss of the faulty equipment via email. Document, document, document. If/when the lawsuit comes up your boss will quickly move to the story that he didn't know the equipment was faulty and that you never mentioned it.....unless of course you have the email.

Be prepared to be laid off after sending the email
Posted by Y0TE
Member since Jan 2021
107 posts
Posted on 2/4/21 at 5:02 pm to
Have you tried turning it off and turning it on again?
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