New Guidance in a Nutshell
Noting modifications were needed given what it “currently knows about COVID-19 and the Omicron variant,” the CDC:
- shortened the recommended time for isolation from 10 days for people with COVID-19 to five days, if asymptomatic, followed by five days of wearing a mask when around others; and
- for most of those whose are exposed to COVID-19 and unvaccinated, the CDC now also recommends a quarantine period of five days (instead of the previous seven to 14-day requirement) followed by “strict mask use” for an additional five days.
Employers can follow the new guidance by following this step-by-step process:
Isolation Period for Infected Employee After Positive COVID-19 Test
Employees who test positive for COVID-19 should follow this course regardless of vaccination status:
- Stay home for five days.
- If they have no symptoms or their symptoms are resolving after five days, they can leave their house.
- They should continue to wear a mask around others for five additional days.
- If they have a fever, they should continue to stay home until the fever resolves.
If an employee has “close contact” with a COVID-19 case, the course of action depends on the employee’s vaccination status.
- For employees who are unvaccinated, haven’t received a booster, or received their second dose of Moderna/Pfizer more than six months ago or their single dose of Johnson & Johnson more than two months ago:
- Stay home for five days. After that, they should continue to wear a mask around others for five additional days.
- If they can’t quarantine, they must wear a mask for 10 days.
- They should get a COVID-19 test on day five, if possible.
- If they develop symptoms, they should get a test and stay home.
- For employees who have received a booster after receiving a two-dose Moderna/Pfizer vaccine or a single-dose Johnson & Johnson vaccine, or received their second dose of Moderna/Pfizer less than six months ago or their single dose of Johnson & Johnson less than two months ago:
- Wear a mask around others for 10 days.
- They should get a COVID-19 test on day five, if possible.
- If they develop symptoms, they should get a test and stay home.
Even though OSHA’s ETS (which is currently in effect) specifically references the CDC’s isolation guidance for employees who have contracted COVID-19, the new guidance’s five-day isolation period does not yet apply to those employers covered by the ETS.
Specifically, the ETS references and incorporates into its provisions an older version of the CDC isolation guidance, adopted on February 18, 2021, which required employees with COVID-19 to isolate for at least until:
- 10 days after their first symptoms or administration of their positive test;
- their symptoms improved, and
- they were fever-free for 24 hours (the ETS does not address quarantine periods for exposed employees).
What Should Employers Do?
Requirements concerning COVID-19 issues, especially for employers covered by OSHA’s ETS, are often confusing and often appear inconsistent. Take these five steps to place yourself in the best position to remain compliant despite this constantly shifting landscape:
- OSHA’s COVID-19 Vaccination or Testing ETS Governs Isolation – For Now – But Likely Will be Updated
- Educate Your Workforce
- Vaccination Boosters are Important; Encourage Them – And Consider a Mandate
- Contact Tracing Is Still Crucial to Minimize Cases of COVID-19
- Develop a COVID-19 or Infectious Disease Policy and ETS Policy
Conclusion
We will continue to monitor this development and provide updates as warranted. Meanwhile, AGC’s vaccine toolkit and Fisher Phillips’ Vaccine Resource Center for Employers are available to assist you.
Editor’s Note: This article was written by Travis W. Vance, a partner in the law firm Fisher Phillips. The article is not intended to be, and should not be construed as, legal advice for any particular fact situation. Further, nothing in this article is intended to signify that AGC recommends that employers mandate vaccination. AGC does support a safe and healthy workplace and seeks to help its members understand their legal rights and obligations.