Obligation to check body temperature in Lombardy from May 18

As of Monday, May 18, 2020, mandatory body temperature monitoring comes into effect in Lombardy. The Ordinance of the Lombardy Region no. 546 of 13/05/2020 establishes the mandatory nature of this activity, which must be conducted by the employer or his proxy.

The essential points are summarized below:

• From Monday, May 18, every business in Lombardy is required to perform “body temperature monitoring, by their employer or their proxy”, before accessing the workplace: if the checked temperature is higher than 37.5 °, the worker will be temporarily isolated and the employer will be obliged to communicate the event to the ATS.
• Penalties: failure to comply with the measures listed above shall be sanctioned in accordance with the provisions of Art. 4 of the decree-law of 25 March 2020, n. 19: Art. 4, paragraph 1, introduces a ‘punitive’ administrative offence for “failure to comply with the containment measures”, with penalties of 400-3,000 euros, in addition to the possible closure of the business or activity for 5-30 days.
• Employer’s liability: failure to comply with even one of the rules protecting the employees’ health (e.g., absence of body temperature measuring systems) is sufficient to determine the employer’s criminal liability, should one employee claim to have contracted the disease (even if asymptomatic) in the workplace.
• Temperature measurement is also strongly recommended for customers and users who come to the workplace.

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