April 16, 2020 — The Centers for Disease Control and Prevention (CDC) has issued interim guidance for how employers should handle situations in which critical infrastructure workers have had a potential exposure to COVID-19 but remain asymptomatic. continue to work only if the loss of their workplace contributions Workers in critical infrastructure sectors may be permitted to work if asymptomatic after potential exposure to a confirmed case of coronavirus disease 2019 (COVID-19), provided that worker infection prevention recommendations and controls are implemented. Some SWANA says hopes to remind ACIP that including waste and recycling workers will protect public health and the environment and ensure the uninterrupted continuation of other critical infrastructure work. To assess the baseline prevalence of underlying conditions among workers in six essential occupations and seven essential … to someone with COVID-19 must remain away from work (i.e., Reevaluate job functions to match critical functions among In this updated guidance, the CDC reiterated its standard recommendation that all individuals known to be exposed to a person with suspected or confirmed COVID-19 should quarantine for 14 days, with the possible limited exception of asymptomatic critical infrastructure workers who have not tested positive for SARS-CoV-2 (“COVID-19”). To print this article, all you need is to be registered or login on Mondaq.com. within a qualifying critical sector definition and which of their On Nov. 16, 2020, the CDC modified its guidance for “critical infrastructure” employers on whether they can permit asymptomatic workers to continue to work after exposure to an individual with a suspected or confirmed case of COVID-19. danger to public health or safety. The Department of Homeland Security has issued a list identifying “critical infrastructure workers” a.k.a. their arrival at work. have had a partial exemption to the self-quarantine safe workplace during the pandemic. CDC Issues Interim Guidance for Critical Infrastructure Workers with Potential Exposure . Late last week, the Centers for Disease Control and Prevention (CDC) issued guidance regarding when “critical infrastructure” workers may be allowed to continue working after potentially being exposed to SARS-CoV-2. The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City. By using our website you agree to our use of cookies as set out in our Privacy Policy. applies only to businesses involved in or impacting public health To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Essential critical infrastructure workers should follow guidance from the Centers for Disease Control and Prevention (CDC) and state and local officials regarding strategies to limit disease spread. Consulting with the local health departments on the reintegration of exposed workers. The new guidance also encourages all critical infrastructure employers to work with local health officials on any reintegration of exposed workers and reiterates the additional risk mitigation precautions required including pre-screening, on-site screening with temperature checks, ongoing health monitoring, cleaning and disinfecting, social distancing, and ensuring all employees wear cloth masks. many, if not all, localities have required, that employees exposed All Rights Reserved. Encourage employees to screen for symptoms prior to reporting Congress Extends FFCRA Tax Credit Into 2021, Declines To Extend FFCRA Leave, ‘Tis The Season — Year-End Reminder Of 2020's FLSA Salary Threshold Increase And What You May Need To Check Now, 2021 Brings Changes To New York's Wage And Hour Laws, At-Will No More: NYC Council Passes Just-Cause Termination And Progressive Discipline Requirements For Fast-Food Employers. Critical Worker Changes. Based on this premonition, the CDC now advises that critical infrastructure workers (which includes First Responders) may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions … On April 8, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued its new Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19. instances when it is necessary to preserve the function of critical infrastructure workplaces. The Guidance applies to critical infrastructure workers, which CDC defines as including personnel in 16 sectors that the Department of Homeland Security (DHS) has deemed essential to the nation’s COVID-19 response, including law enforcement, hazardous material response, janitorial and other custodial staff, and “workers—including contracted vendors—in food and agriculture, critical … Critical infrastructure workers are people working in 16 different sectors as identified by the DHS Cybersecurity & Infrastructure Security Agency (CISA), including: ... See CDC’s recommendations for household cleaning and disinfection. 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As job duties permit, require employees to maintain social In this updated guidance, the CDC reiterated its standard recommendation that all individuals known to be exposed to a person with suspected or confirmed COVID-19 should quarantine for 14 days, with the possible limited exception of asymptomatic critical infrastructure workers who have not tested positive for SARS-CoV-2 (“COVID-19”). Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take … Permitting perform critical functions even if key employees are absent. requirement. Continued focus on reducing transmission through social distancing and personal prevention strategies. While earlier CDC guidance allowed critical infrastructure employers to consider allowing workers who were exposed but tested negative to continue to work when necessary to preserve the function of critical infrastructure workplaces; in the most recent guidance, the CDC clarifies what circumstances might warrant use of the exception stating “that reintegrating exposed critical infrastructure workers who are not experiencing any symptoms and have not tested positive back into onsite operations should be used as a last resort and only in limited circumstances, such as when cessation of operation of a facility may cause serious harm or danger to public health or safety.”. to work. critical infrastructure workers to continue to work in select With this modified guidance, the CDC has put the business The guidance provides that critical infrastructure workers may be allowed to continue working following a potential exposure to COVID … Just before Thanksgiving the CDC issued a separate guidance dealing with when critical infrastructure workers should return to their workplaces after they have experienced symptoms or have tested positive for COVID-19, which the agency says should only be done as a last resort and in limited circumstances. The CDC continues to issue updated guidance on how to maintain a safe workplace during the pandemic. of any state or local requirements and/or recommendations that may Require employees to wear face coverings while at work. © Jackson Lewis P.C. In light of the nuanced and changing other equally skilled and available workers. infrastructure" employers on whether they can permit The new rules apply only to workers in critical infrastructure jobs, a broadly defined group that includes employees in fields from health care to financial services. States, the clarified CDC guidance now states: Employers may consider allowing exposed and asymptomatic According to the CDC, 14-day self-quarantine "is still the Current CDC guidance recommends that, with possible exception noted below, individuals (including critical infrastructure workers) exposed to a person with suspected or confirmed COVID-19 should be quarantined for 14 days, consistent with Public Health Guidance for Community-Related Exposure. who have been exposed to the virus can continue to work, provided Since the initial CDC critical infrastructure worker guidance was issued in April, several states have adopted rules narrowing the circumstances under which critical infrastructure employers can allow asymptomatic exposed employees to continue to work. “The CDC Playbook details certain essential critical infrastructure workers and vulnerable populations that will be prioritized for vaccines in the early phases of distribution as well as the plan for the eventual vaccination of the entire population,” CISA said. Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? On Nov. 16, 2020, the CDC modified its guidance for “critical infrastructure” employers on whether they can permit asymptomatic workers to continue to work after exposure to an individual with a suspected or confirmed case of COVID-19.. rules that may apply, critical employers should consider consulting On October 21, 2020, the CDC updated the critical infrastructure guidance to recommend that employers consider different testing strategies whenever critical infrastructure workers are … Security Agency website to determine whether they fall the worker remains asymptomatic and employers implement the potentially exposed employees to continue to work "carries apply, but they now carry a strong warning. with counsel to ensure compliance. Symptom screen employees, including temperature checks, upon Version 4.0 (August 18, 2020) ENSURING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS HAVE THE ABILITY TO WORK SAFELY. The prior guidance required quarantine for 14 days (other than for critical infrastructure workers). The Centers for Disease Control (CDC) issued interim guidance to ensure the continuity of operations of essential functions, such as water and wastewater utility operations. The Centers for Disease Control and Prevention (CDC) released Interim Guidance pertaining to critical infrastructure workers who may have had exposure to suspected or confirmed cases of COVID-19. The CDC issued the guidance to ensure continuity of operations of essential functions. On December 2nd, the Centers for Disease Control and Prevention (CDC) updated its guidance on the length of quarantine required for an individual who is asymptomatic but was in close contact with someone with COVID-19. Articulating and documenting the impact on operations such as how and why business operations might cease and, if applicable, the potential impact on health and safety if exposed, asymptomatic employees are held out of work for a 14-day quarantine period. Additional information about identifying critical infrastructure during COVID-19 can be found on the DHS CISA website or the CDC’s speci˜c First Responder Guidance page. Continue Reading CDC Announces New Guidance For How Critical Employees Can Return To Work Then comes group 1c, which includes persons 65 and older, persons with high-risk medical conditions, and “other essential workers.” That category of “other essential workers” is defined by reference to a list prepared in August by the Cybersecurity and Infrastructure Security Agency (CISA) of Essential Critical Infrastructure Workers. On April 8, the U.S. Centers for Disease Control and Prevention (“CDC”), issued new guidance on when “critical infrastructure workers” – such as those in the health care, law enforcement, janitorial, food and agriculture, critical manufacturing, information technology, and transportation industries -- can return to work following potential exposure to COVID-19. about your specific circumstances. Postal service workers Public transit workers Grocery store workers . The CDC continues to issue updated guidance on how to maintain a safe workplace during the pandemic. Employers looking to The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take when determining whether critical infrastructure workers who have been exposed to persons with suspected or confirmed coronavirus (COVID-19) may continue to work in person. option" to ensure continued critical work. Accessible version: https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. distance while at work. Developing plans and protocols to implement additional safety precautions, including pre-screening, health monitoring, and preventive measures. This week, the CDC issued some Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Con­firmed COVID-19. This operation. infrastructure employers to contact local health departments to This new guidance follows a trend we have seen in some states. . In Wisconsin, the Department of Health has not endorsed exposed, asymptomatic workers returning to work before a 14-day quarantine period, however, local health departments in Wisconsin are allowed to grant case by case exceptions. The CDC’s interim guidance pertains only to “Critical Infrastructure workers” and includes the following job positions: Federal, state, & local law enforcement 911 call center employees Fusion Center employees** Hazardous material responders from … To ensure continuity of operations of essential functions, CDC advises that critical infrastructure workers … Seyfarth's 2021 Workplace Class Action Litigation Report Is Now Available! This option should be used Essential Workers* (total ~87M) Frontline Essential Workers (~30M) First Responders (Firefighters, Police) Education (teachers, support staff, daycare) Food & Agriculture Manufacturing Corrections workers U.S. Critical Infrastructure Workers Exposed to COVID-19 No Longer Must Self-Quarantine, Says CDC Written by Kathleen J. Jennings on 09 April 2020 . Just before Thanksgiving the CDC issued a separate guidance dealing with when critical infrastructure workers should return to their workplaces after they have experienced symptoms or have tested positive for COVID-19, which the agency says should only be done as a last resort and in limited circumstances. As an exception to the presumption that even critical infrastructure workers should quarantine, according to the CDC, employers may allow asymptomatic critical infrastructure personnel to continue to work in very limited circumstances, “such as when cessation of operation of a facility may cause serious harm or danger to public health or safety.” Outbreaks of illness among workers in food-producing facilities and surrounding communities have raised unique questions that … would result in "serious harm or danger to public health or Mandatory Sick And Safe Time, International Trade and National Security, What To Expect From The Biden Administration Regarding Labor And Employment Issues, Taking A Shot At COVID-19: What Employers Need To Know About Vaccinating Their Workforce, © Mondaq® Ltd 1994 - 2021. New Year, New Rules: Status Of COVID-19 Leave Laws For New York Employers In 2021, Canadian Federal Government Provides Practical Guidance On Bill C-65 And Workplace Harassment And Violence Regulations, If Pain, Yes Gain — Part 94: Live From New York, It's . self-quarantine) for 14 days from the exposure. If COVID-exposed but asymptomatic critical infrastructure workers are required to work, the CDC continues to apply the guidelines that it previously articulated (which we summarized in our April 15, 2020 E-lert): Specialist advice should be sought Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and security as well as community well-being. 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