OSHA Guidance Indicates That RTW This Fall May Include Masks

On August 13, OSHA released new safe work guidance that has been updated to include the July 27 CDC Masking guidelines for fully vaccinated people. The full OSHA guideline can be read here: https://www.osha.gov/coronavirus/safework

A summary of the OSHA update includes these items:

• In areas designated as substantial or high community transmission, multilayered protection is recommended for workers indoors – this means vaccination plus masks.
• At risk individuals and unvaccinated individuals should choose to wear a mask regardless of transmission level in their community.
• Testing within 3-5 days following a known exposure to someone with or suspected of having COVID. Wear a mask in public indoor settings for 14 day safter exposure or until a negative test result is received.

CDC has also updated its guidance for COVID-19 prevention in K-12 schools to recommend universal indoor masking for all teachers, staff, students, and visitors to K-12 schools, regardless of vaccination status.³ CDC's Face Mask Order requiring masks on public transportation conveyances and inside transportation hubs has not changed.

Who is an “at Risk” person?

Some conditions, such as a prior transplant, as well as prolonged use of corticosteroids or other immune-weakening medications, may affect workers' ability to have a full immune response to vaccination. To understand more about these conditions, see the CDC's page describing Vaccines for People with Underlying Medical Conditions and further definition of People with Certain Medical Conditions. Under the Americans with Disabilities Act (ADA), workers with disabilities may be legally entitled to reasonable accommodations that protect them from the risk of contracting COVID-19 if, for example, they cannot be protected through vaccination, cannot be vaccinated, or cannot use face coverings. Employers should consider taking steps to protect these at-risk workers as they would unvaccinated workers, regardless of their vaccination status.

DII is committed to updating our clients and their employees in this rapidly changing virus environment. Your safety and the safety of your team is important to us as we partner with you in risk management.