Transitioning to Normal
TAG’s (The Acheson Group) developed a COVID-19 Risk and Planning Toolkit (version 5.1).
- Version 5.1 incorporates the expectations laid out on OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS) published in the Federal Register on November 5, 2021.
- Please note that your company falls under the 100-person-or-more guidance if that numerical count is effective as of November 5, 2021.
- This version of the toolkit has expanded numerous sections and also addresses vaccines and boosters (including for individuals <18 years old as they may also be part of your workforce).
The CDC updated its COVID-19 Pfizer-BioNTech’s COVID-19 Vaccine webpage to include the recommended categories for those that may want to consider a booster dose of the vaccine if their occupations may increase COVID-19 exposure. Specifically, increased risk for COVID-19 exposure and transmission include front line essential workers and health care workers as previously detailed by the CDC.*
- First responders (healthcare workers, firefighters, police, congregate care staff)
- Education staff (teachers, support staff, daycare workers)
- Food and agriculture workers
- Manufacturing workers
- Corrections workers
- U.S. Postal Service workers
- Public transit workers
- Grocery store workers
*List could be updated in the future
View the CDC Guidance (Updated on 9/27/2021)
The Safer Federal Workforce Task Force released new Guidance for federal contractors and subcontractors on COVID-19 workplace safety.
ABA’s labor and employment counsel, Littler, released an analysis of the new guidance. "Generally, covered employees must be fully vaccinated by December 8, 2021, unless the covered contractor is legally required to provide an accommodation for a disability or sincerely held religious belief or practice. Contractors must also follow the CDC’s guidance for mask wearing and physical distancing for covered contractor employees and visitors."
Read the full analysis (Updated on 9/25/2021)
Workplace Rapid Antigen Screening Guidelines from the Rapid Action Consortium
Full playbook for implementation of a testing program from the Rapid Action Consortium - COMING SOON
The Rapid Action Consortium recognizes the complexity and cost associated with establishing rapid testing in US workplaces and has created an ecosystem to help companies collaborate and learn from each other and quickly solve the most pressing issues together. This Consortium is creating a streamlined, cost-effective strategy and methodology to testing that companies across the country can begin using immediately. With the collective intelligence and combined influence of a dozen or more leading companies, the Consortium is designed to tackle some of the most significant issues US employers face today, including creating the buying power to get access to affordable, high-quality tests and navigating regulatory approvals.
All participating organizations within the Consortium are dedicating staff time to this effort, seamlessly collaborating with other member companies to develop effective and sustainable testing strategies and methodologies to pilot and deploy within their own organizations. There is no upfront fee to join the Consortium at this time, and each organization covers the costs of their own tests and IT support to connect to the central data system. Founded by non-profit organizations, the Creative Destruction Lab Rapid Screening Consortium and the Covid Collaborative, and Genpact, the Consortium will offer all the learnings and approaches developed as a public good to organizations, large and small.
*ABA's actions on this outcome:
ABA had participated in stakeholder meetings at OSHA and met with the Office of Management and Budget to express concerns about the administration issuing a COVID-19 ETS covering general industry. ABA pushed for the agency to instead continue to provide the industry with updated guidance that could reflect current science and data.
The Occupational Safety and Health Administration (OSHA) issued a Healthcare COVID-19 Emergency Temporary Standard (ETS). The ETS does not cover general industry and manufacturing facilities.
Today, OSHA also published updated guidance for businesses that are not covered by the ETS, this would include general industry and manufacturing facilities. OSHA says the updated guidance makes the following changes:
- Focus protections on unvaccinated and otherwise at-risk workers
- Encourage COVID-19 vaccination
- Add links to guidance with the most up-to-date content
Advanced Vaccine Considerations for the U.S. Workplace
As we have previously advised, and as confirmed in guidance issued by the Equal Employment Opportunity Commission (EEOC) in December, employers in the U.S. are permitted to require that employees be vaccinated, provided that they make certain accommodations for employees who are unable to receive the vaccine due to a disability or sincerely held religious belief. Implementing a vaccine requirement, however, leads to other questions about how to appropriately address those employees who are entitled to accommodations, whether vaccinated employees can be treated differently from unvaccinated employees, and related issues. Key questions concerning workplace COVID-19 vaccine policies are addressed in this alert.
Employers can require COVID-19 vaccinations, new EEOC guidance
The Centers for Disease Control and Prevention (CDC) announced new guidance indicating that fully vaccinated people can safely participate in most activities, indoor or outdoor, without wearing a mask or social distancing. This decision is based on science and data which tells us that vaccines work, cases have been falling dramatically, and that vaccinated people are far less likely to spread the virus.
Given this new guidance, FSIS has instructed in-plant, laboratory, and in-commerce personnel to follow this guidance:
- If they are fully vaccinated (at least 2 weeks past their final dose), they are no longer required to wear a face mask and/or face shield or practice physical distancing in federal establishments, those facilities requesting voluntary inspection, laboratories, and locations where in-commerce duties are conducted.
- Fully vaccinated FSIS personnel may elect to continue wearing face masks and/or face shields based on their level of comfort.
- If the establishment or other facilities where duties are being conducted require face masks and/or face shields, FSIS employees will continue to follow those requirements.
- If they are not fully vaccinated (at least 2 weeks past their final dose), CDC guidance indicates they should continue to wear a face mask and face shield and maintain physical distancing consistent with the requirements set forth in our workplace safety plan.
FSIS inspection personnel will continue to follow requirements establishments have for their personnel to control exposure, including wearing face masks and/or face shields, physical distancing, and monitoring procedures.
Questions have come in asking about state mask mandates. Please note, these sites are only reporting at the STATE level (at the more individualized county levels, there may be other specific mandates)
- Facing Your Face Mask Duties – A List of Statewide Orders from ABA’s HR Outside Counsel
- The AARP has an updated list of the mask guidance for every state (and DC): https://www.aarp.org/health/healthy-living/info-2020/states-mask-mandates-coronavirus.html
- US News is tracking these changes, and they have a list here: https://www.usnews.com/news/best-states/articles/these-are-the-states-with-mask-mandates along with further information (updated 5 hours ago).
- US News is also tracking retailer mask mandates: https://www.usatoday.com/story/money/shopping/2021/05/17/target-mask-policy-retailers-not-requiring-masks-fully-vaccinated-cdc/5111030001/