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. determine if exposed asymptomatic workers can continue to work. Since COVID-19 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) recently released updated guidance recommending that critical infrastructure employers only permit asymptomatic workers to … The updated guidance, released on November 16, continues to provide an exemption from the usual 14-day self-quarantine … Serious harm to a business's ability to continue Under the critical infrastructure worker exemption, employees © Jackson Lewis P.C. “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. Cleaning and Disinfecting: Everyday steps, when … By using our website you agree to our use of cookies as set out in our Privacy Policy. 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. 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. See also CDC’s guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19. Outbreaks of illness among workers in food-producing facilities and surrounding communities have raised unique questions that … who have been exposed to the virus can continue to work, provided 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. Essential Critical Infrastructure Workers . Seyfarth's 2021 Workplace Class Action Litigation Report Is Now Available! Cross train employees to ensure that multiple employees can 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. 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. All Rights Reserved. Continued focus on reducing transmission through social distancing and personal prevention strategies. Back To The Basics-How Will Your Plan Fare In An Audit Or Lawsuit? CDC Logo. 16 Critical Infrastructure Sectors are imperfect," the CDC said, emphasizing that use of exposed Critical Infrastructure Workers Exposed to COVID-19 No Longer Must Self-Quarantine, Says CDC Written by Kathleen J. Jennings on 09 April 2020 . Home; Collections; Authors; Recent Additions; Coming Soon employees are considered critical. 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. This new guidance follows a trend we have seen in some states. infrastructure workplaces. To assess the baseline prevalence of underlying conditions among workers in six essential occupations and seven essential … asymptomatic workers to continue to work after exposure to an 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. Among other things, employers should consider: As always, employers must also continue to comply with all applicable federal OSHA and state equivalent workplace safety requirements. Individuals should always follow guidance of the state and local authorities. 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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. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. 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. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. as a last resort and only in limited circumstances, such as when On November 16, 2020, the CDC modified its … differing provisions. The Guidance applies to critical infrastructure workers, which CDC defines as including personnel in 16 sectors that the Department of Homeland … to operate is not, by itself, adequate justification. safety." infrastructure employers to contact local health departments to Encourage employees to screen for symptoms prior to reporting . According to the CDC, 14-day self-quarantine "is still the On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work … operation. 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. To print this article, all you need is to be registered or login on Mondaq.com. 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.. 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.”. . 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). 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. employers of "critical infrastructure workers," however, Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. The content of this article is intended to provide a general 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. cessation of operation of a facility may cause serious harm or other equally skilled and available workers. Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? This version was released on 12/16/2020. guide to the subject matter. health and safety. to someone with COVID-19 must remain away from work (i.e., about your specific circumstances. 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