SHARE

August 29, 2022

CDC Loosens Recommendations: What Employers Should Know About Latest COVID Guidance

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

Key Takeaways

  • Earlier this month, the CDC released updated guidance to promote more sustainable, long-term measures, with fewer disruptions to daily life.
  • While not completely overhauling prior recommendations, the new guidelines signal a shift in focus and employers should take this opportunity to revisit their policies to reflect these new guidelines.
  • Read more about the three key changes employers should know about.

The US Centers for Disease Control and Prevention (CDC) updated its COVID-19 guidelines earlier this month. According to the CDC, high levels of immunity and enhanced prevention/treatment options greatly reduced the risk of medically significant COVID-19 illness, hospitalizations, and death. These improved circumstances prompted the CDC to promote more sustainable, long-term measures, with fewer disruptions to daily life. While not completely overhauling prior recommendations as to organizations, employers, and businesses, the new guidelines signal a shift in focus. Employers should be aware of three key changes.

1. Quarantine Guidance Updates

Previously, the CDC recommended a five-day or longer quarantine period for anyone exposed to the COVID-19 virus if they were unvaccinated or had not received their booster vaccine. The new guidance no longer recommends any quarantine period for asymptomatic individuals exposed to COVID-19 regardless of vaccination status, as long as they remain asymptomatic. Instead, the CDC now recommends that asymptomatic individuals exposed to COVID-19 wear a mask for 10 days and get tested the fifth day after exposure. Consistent with the previous guidelines, individuals who become symptomatic (or who test positive) should continue to immediately self-isolate.

Employers should review existing policies related to indoor masking and exposure notification. This update suggests that even unvaccinated, asymptomatic employees may immediately return to the workplace after exposure. However, exposed employees should continue to wear a mask for the full, recommended 10 days, even if they test negative for COVID-19 during that time period.

2. Screening and Testing Guidance Updates

The CDC continues to recommend that exposed individuals submit to COVID-19 testing, whether or not they experience symptoms. However, the new guidance recommends organizational screening or surveillance testing programs for persons with no known exposure only in "high risk" settings (for example, long-term care facilities, homeless shelters, and correctional facilities). 

For employers, this update tracks the Equal Employment Opportunity Commission's (EEOC)  July 2022 revision to its COVID-19 guidance. Based on the current COVID-19 landscape (and the factors mitigating risk to the general community described above), the EEOC no longer presumes that COVID-19 testing is job-related and consistent with business necessity—as required by the Americans with Disabilities Act (ADA). Employers planning to implement COVID-19 screening are now required to conduct an individualized assessment to determine whether the present pandemic circumstances justify COVID-19 screening

Employers whose workplace is not in a high-risk setting (such as those listed above) should evaluate any general screening or testing procedures for compliance with CDC and EEOC guidance in this area. Factors to consider in seeking compliance with the ADA and the EEOC include: (1) current transmission levels, (2) employees' vaccination status, (3) the transmissibility of current COVID-19 variant(s), (4) the accuracy and speed of processing different types of COVID-19 viral test, (5) working conditions, and (6) the potential impact on operations. 

3. Continued Guidance for Protecting At-Risk Individuals

The CDC has long prioritized protecting at-risk individuals. The new guidance continues to recommend that individuals remain up-to-date on their vaccinations and take advantage of all preventative and therapeutic mechanisms to reduce the risk of severe illness. The CDC also encourages mitigation of risk through non-pharmaceutical interventions, such as proper ventilation, use of masks or respirators indoors, and testing. All persons should wear masks in public where COVID-19 community levels are high. Those infected with the virus should continue to self-isolate. Infected persons may end isolation after five days, only if they are without fever for more than 24 hours without the use of medications and all other symptoms have improved.

Conclusion

The CDC's new guidance reflects a desire to balance the protection of the most at-risk with the desire of the general community to return to pre-COVID social, professional, and familial life. COVID-19 appears to be here for the long haul, and employers must continue to look for policies that are both practical and sustainable in the long-term. Employers should take this opportunity to revisit their policies to reflect these new guidelines, while continuing to stay up to date on the recommendations of the science and healthcare communities, as well as the guidance of the regulating bodies like the EEOC and the CDC.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Buchanan Ingersoll & Rooney

Ninth Circuit Refuses to Boot FLSA Claims: Time Spent Logging On is Compensable

By Christian Antkowiak Buchanan Ingersoll & Rooney November 10 , 2022

Is an employer obligated to pay employees for the time spent booting up and signing into their computers prior to clocking in?

Protecting Your Brand - Amazon's Brand Registry Program

By Bassam N. Ibrahim Buchanan Ingersoll & Rooney November 09 , 2022

Trademarks are a useful tool for brand protection.

SEC Adopts Final Incentive Compensation Clawback Rules

By Jennifer R. Minter Buchanan Ingersoll & Rooney November 04 , 2022

On October 26, 2022, the Securities and Exchange Commission (SEC) adopted final rules that will require listed companies to disclose and implement policies to “claw back” or recover incentive compensation paid as a result of erroneously reported financial information that is subject to a required accounting restatement.

More From COVID-19

GT's The Performance Review Episode 20: All Secrets Revealed: Employee Investigations

By Philip I. Person Greenberg Traurig May 24 , 2023

In this episode, Sue Ann Van Dermyden, co-founder and senior partner at one of the nation’s top investigations firms, joins Philip Person and Ryan Bykerk to discuss the ins and outs of employee investigations.

NYC Passes Bill to Update Human Rights Law to Include Discrimination Based on Height, Weight

By Jerrold F. Goldberg Greenberg Traurig May 24 , 2023

On May 11, 2023, the New York City Council passed Intro 209-A, which would amend the New York City Human Rights Law to include prohibitions on discrimination based on height and weight.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

By David R. Golder Jackson Lewis P.C. May 24 , 2023

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).

Featured Stories
Closeclose
Search
Menu

Working...