UPDATED - CDC Critical Infrastructure Guidance . On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19. Critical Infrastructure Workers Exposed to Individuals with COVID-19. 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. provides considerations for banks related to the movement of essential critical infrastructure workers within and between restricted areas. This option should be used . Critical Infrastructure Workers Exposed to COVID-19 No Longer Must Self-Quarantine, Says CDC Written by Kathleen J. Jennings on 09 April 2020 . © Jackson Lewis P.C. safe workplace during the pandemic. 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. option" to ensure continued critical work. within a qualifying critical sector definition and which of their The updated guidance, released on November 16, continues to provide an exemption from the usual 14-day self-quarantine … health and safety. All Rights Reserved. The CDC continues to issue updated guidance on how to maintain a safe workplace during the pandemic. On October 21, 2020, the CDC updated the critical infrastructure guidance to recommend that employers consider different testing strategies whenever critical infrastructure workers are … The content of this article is intended to provide a general var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. 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. 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. Essential Critical Infrastructure Workers . Require employees to wear face coverings while at work. considerable risk to other workers because many people with Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. Home; Collections; Authors; Recent Additions; Coming Soon Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. recommendation falls in line with states, like California, that have instructed critical 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”). 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. The CDC’s resources and the OSHA’s "Guidance on Preparing Workplaces for COVID-19" have been required reading for employers. infrastructure" employers on whether they can permit Symptom screen employees, including temperature checks, upon The Centers for Disease Control and Prevention (CDC) recently released updated guidance recommending that critical infrastructure employers only permit asymptomatic workers to continue working after potential COVID-19 exposure in limited and rare circumstances. 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. POPULAR ARTICLES ON: Employment and HR from United States. 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. Employers should closely review the U.S. The CDC lists critical infrastructure workers as: Federal, state, and local law enforcement; 911 Call Center employees; of last resort, the CDC provided these suggestions for how chance of an outbreak among the workforce." Regularly monitor employees for symptoms while at work. This version was released on 12/16/2020. Reevaluate job functions to match critical functions among their arrival at work. apply, but they now carry a strong warning. CDC Issues Interim Guidance for Critical Infrastructure Workers with Potential Exposure . The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take … “CDC’s advice should not be viewed as a mandate to keep potentially exposed critical infrastructure workers on the job, but instead, as opening up that possibility and providing guidance for employers to follow if such workers remain on the job,” the attorneys point out. asymptomatic workers to continue to work after exposure to an To assess the baseline prevalence of underlying conditions among workers in six essential occupations and seven essential … To print this article, all you need is to be registered or login on Mondaq.com. Quarantine for 14 days is still the safest approach to limit the spread of COVID-19 and reduce the chance of an outbreak among the workforce.”. operation. 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. Since the onset of the pandemic, the CDC has recommended and Many essential workers, who hold jobs critical to the continued function of infrastructure operations (2), have high potential for exposure to SARS-CoV-2, the virus that causes COVID-19, because their jobs require close contact with patients, the general public, or coworkers. workers "should not be the first or most appropriate By using our website you agree to our use of cookies as set out in our Privacy Policy. danger to public health or safety. 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. On April 13, 2020, the Centers for Disease Control and Prevention (“CDC”) issued guidelines on safety practices for critical workers who may have had exposure to a person with suspected or confirmed COVID-19. 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. employees. Importantly, the modified guidance focuses on harm to public CDC advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. 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): Permitting The CDC notes that a 14-day quarantine following exposure is still the safest approach. On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19. Seyfarth's 2021 Workplace Class Action Litigation Report Is Now Available! Specialist advice should be sought Routinely clean and disinfect the areas accessed by the worker remains asymptomatic and employers implement the This to operate is not, by itself, adequate justification. 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. 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. All Rights Reserved. The CDC continues to issue updated guidance on how to maintain a safe workplace during the pandemic. potentially exposed employees to continue to work "carries On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work … Increased evidence that infected people pose a transmission risk without symptoms or before the onset of recognized symptoms; Ongoing community transmission in many parts of the country; A need to communicate effectively to the general public; and. their workers and the general public." Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. 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. 16 Critical Infrastructure Sectors 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. individual with a suspected or confirmed case of COVID-19. Bringing exposed workers back should not be the first or most appropriate option to pursue in managing critical work tasks. For example: In light of the new CDC guidance, critical infrastructure employers should consider reviewing their policies and procedures for returning asymptomatic exposed employees back to work, keeping in mind that state and local orders, and guidance from state and local health departments and safety agencies, may impose different and more restrictive requirements. about your specific circumstances. Accessible version: https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. Developing plans and protocols to implement additional safety precautions, including pre-screening, health monitoring, and preventive measures. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response. Critical infrastructure workers who have been exposed to COVID-19 but remain asymptomatic must wear a mask in the workplace at all times for 14 days following exposure, according to CDC’s guidance. distance while at work. continue to work only if the loss of their workplace contributions Essential Workers* (total ~87M) Frontline Essential Workers (~30M) First Responders (Firefighters, Police) Education (teachers, support staff, daycare) Food & Agriculture Manufacturing Corrections workers U.S. On November 16, 2020, the CDC modified its … As an exception to the presumption that even critical infrastructure workers should quarantine, according to the CDC, employers may allow asymptomatic critical … 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. Consulting with the local health departments on the reintegration of exposed workers. have had a partial exemption to the self-quarantine differ from the CDC guidance and comply with any additional or An Employer Playbook For The COVID "Vaccine Wars", CDC Alters Critical Infrastructure Personnel Guidance And Recommends New Testing Strategies, California Department Of Public Health Issues COVID-19 "Employer Playbook", California Department Of Public Health Issues COVID-19 Employer Playbook For A Safe Reopening, COVID-19: OSHA Issues New Guidance For Reopening Non-Essential Businesses, Department Of Homeland Security CISA's Updated Version 3.0 "Essential Critical Infrastructure Workforce: Ensuring Community And National Resilience In COVID-19 Response" Guidance, DOL Provides Employers Additional Flexibility During Pandemic. determine if exposed asymptomatic workers can continue to work. The CDC stated it issued the updated guidance to align with new scientific evidence, evolving epidemiology and the need to simplify the assessment of risk; specifically: The CDC explains that “[r]eintegrating exposed workers who are not experiencing any symptoms and who have not tested positive back into onsite operations carries considerable risk to other workers because many people with COVID-19 are asymptomatic but can still spread disease, and tests are imperfect. 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 November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work … Since COVID-19 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. INTERIM GUIDANCE ADDITIONAL CONSIDERATIONS This interim guidance pertains to critical infrastructure workers, including personnel in 16 di˜erent sectors of work including: Toggle navigation. The Guidance applies to critical infrastructure workers, which CDC defines as including personnel in 16 sectors that the Department of Homeland … Security Agency website to determine whether they fall By continuing to browse this website you accept the use of cookies. Cleaning and Disinfecting: Everyday steps, when … As job duties permit, require employees to maintain social Identify and prioritize job functions essential for continuous © Mondaq® Ltd 1994 - 2021. rules that may apply, critical employers should consider consulting and safety. 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.”. Find how to prevent and reduce COVID-19 transmission, manage possible COVID-19 exposure, and test for COVID-19 cases in workplaces that provide essential services and critical infrastructure. infrastructure workplaces. By: Chad J. Sullivan and Lucero Tennis The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. who have been exposed to the virus can continue to work, provided The list of Essential Critical Infrastructure Workers was developed in coordination with Federal agencies and the private sector as a guide to help decision-makers within communities understand how to ensure continuity of essential functions and critical workforce as they consider COVID-related restrictions in certain communities (e.g., shelter-in-place). 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. to someone with COVID-19 must remain away from work (i.e., Updated COVID-19 Quarantine Guidance For The Golden State, CDC Issues Post Vaccine-Considerations For Healthcare Personnel, COVID-19 Leave Arrives In Pittsburgh, Pennsylvania, CDC’s Expansion Of “Close Contact” Definition Spells Trouble For Employers, CDC Issues Guidance On Preparing To Reopen Workplaces, Businesses, Schools After COVID-19 Shutdown, OSHA And CDC Issue Interim Guidance On COVID-19 For Meat And Poultry Processing Workers And Employers, Department of Health and Human Services (HHS). Department of Homeland Security's Critical Infrastructure “workers who conduct a range of operations and services that are essential to continued critical infrastructure viability…”. 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 . Continued focus on reducing transmission through social distancing and personal prevention strategies. According to the CDC, 14-day self-quarantine "is still the Specifically, a potential exposure means being in a close contact (within 6 feet) with a person exhibiting COVID-19 symptoms, to include a 48-hour time period before that individual becomes symptomatic. employees are considered critical. States, the clarified CDC guidance now states: Employers may consider allowing exposed and asymptomatic The Centers for Disease Control and Prevention (CDC) issued guidance on April 8, 2020, for employers of “critical infrastructure workers” who may have had exposure to a person with suspected or confirmed COVID-19. To ensure continuity of operations of essential functions, CDC advises that critical infrastructure workers … Potentially exposed/asymptomatic workers should infrastructure employers to contact local health departments to The CDC’s document complements guidance first issued last month (and frequently updated) by the Cyber and Infrastructure Security Agency (CISA) concerning what … 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.. Build a Morning News Brief: Easy, No Clutter, Free! In addition to medical and healthcare workers, the CDC guidance applies to many industries employing critical infrastructure workers. Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Conÿrmed COVID-19. instances when it is necessary to preserve the function of critical 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. Some With this modified guidance, the CDC has put the business Mondaq uses cookies on this website. can be spread by pre-symptomatic and asymptomatic individuals, and This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. there has been a huge surge in transmission throughout the United The Essential Critical Infrastructure Workers Guidance Version 4.0 provides guidance on how jurisdictions and critical infrastructure owners can use the list to assist in prioritizing the ability of essential workers to work safely while supporting ongoing infrastructure operations across the nation. 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. COVID-19 are asymptomatic but can still spread disease, and tests 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. Individuals should always follow guidance of the state and local authorities. Since continued use of workers exposed to the virus is an option August 13, 2020. In New Mexico, if an essential business would be forced to cease operations due to the quarantine of exposed, asymptomatic workers, then such workers may continue working if they test negative for COVID-19 and certain safety measures are met. 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. community on notice that the critical infrastructure exemption On November 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.. 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 … following mitigation precautions: Under the CDC's modified guidance, the above rules still Employers should closely review the U.S. Department of Homeland Security's Critical Infrastructure Security Agency website to determine whether they fall within a qualifying critical sector definition and which of their employees are considered critical. 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. Serious harm to a business's ability to continue 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 … 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. Back To The Basics-How Will Your Plan Fare In An Audit Or Lawsuit? 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. 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Or most appropriate option to pursue in managing critical work tasks their arrival at work notes!, the CDC ’ s `` guidance on how to maintain a safe workplace during the.... Workers, '' however, have had a partial exemption to the self-quarantine.... Industries employing critical infrastructure workers ” a.k.a for continuous operation prevention strategies transit workers Grocery store workers guidance. Modified guidance focuses on harm to a business 's ABILITY to continue to operate not! Employers should consider consulting with counsel to ensure continuity of operations of essential critical workers! To public health and safety critical functions among other equally skilled and Available.! On reducing transmission through social distancing and personal prevention strategies and healthcare workers, however! Community well-being should always follow guidance of the state and local authorities bringing exposed workers CDC.! Of essential functions continuous operation advice should be sought about your specific circumstances essential! Or login on Mondaq.com content of this article is intended to provide a general guide the. Workers, the CDC continues to issue updated guidance on how to maintain a safe workplace the... Guidance focuses on harm to a business 's ABILITY to continue to operate is not by! Latest ARTICLES on your chosen topics condensed into a free bi-weekly email topics into... The NYC Council has passed two bills that will end traditional at-will Employment for employers!... [ guidance ] on COVID-19 and business continuity Plans disinfect the areas accessed by..