CDC Significantly Relaxes Standard for Critical Infrastructure Workers Exposed to COVID-19
On April 8, the Centers for Disease Controls and Prevention (CDC) issued a new Interim Guidance for employers regarding safety practices for “critical infrastructure workers” who may have been exposed to a person with a suspected or confirmed case of COVID-19. They also provide a printable flyer for the workplace.
Since the onset of COVID-19, many employers are requiring employees who have been exposed, or potentially exposed, to infected persons to remain away from work for 14 days – the CDC’s stated incubation period. Many employers, including following the previous guidelines were hamstrung operationally because portions of their workforce remained self-quarantined for two weeks.
The new guidance significantly relaxes CDC’s previous guidance on returning critical infrastructure workers to work after being potentially exposed to COVID-19. The new guidance applies only to critical infrastructure workers in 16 different sectors of work, previously defined by the Cybersecurity and Infrastructure Security Agency, including hospitals, grocery stores and food processing plants.
The CDC is now advising that critical infrastructure employees who have been exposed to the virus can continue to work, provided they remain asymptomatic. In order to permit exposed employees to continue to work, the CDC advises that employers should, among other things, adhere to the following practices prior to and during work:
The employer should measure the employee’s temperature and assess their symptoms prior to the employee starting work. The CDC notes that this temperature check would ideally take place before the employee enters the facility.
The employee should regularly self-monitor for symptoms of COVID-19 under the supervision of the employer’s occupational health program.
The employee should wear a mask at all times in the workplace for 14 days after the last exposure. In the event of supply shortages, the employer may approve an employee-supplied cloth face covering.
The employee should practice social distancing as work duties permit. This includes keeping a 6-foot barrier between themselves and other employees.
The employer should increase the frequency with which they clean and disinfect shared work surfaces.
The CDC reiterates that if the employee becomes sick during the day, they should be sent home immediately, and workplace surfaces promptly cleaned and disinfected. (The CDC provides specific disinfecting guidance for the workplace.)
The employer should also compile information regarding any person who had contact with the sick person for two days before the employee became symptomatic, and any employee who came within six feet of the sick employee would be considered exposed.
While the CDC frames this interim guidance as a means to ensure continuity of operations, employers should be cognizant of their obligations under applicable laws, including the Emergency Paid Sick Leave Act. Employers should take care not to violate those obligations in applying this interim guidance.