If you require screening, test at no cost to employee.
COVID-19 Plan (Continued)
Additional COVID-19 Plan requirements include:
(l) Health screening and medical management.
You must screen each employee before each work day and each shift. Screening may be conducted by asking employees to self-monitor before reporting to work or may be conducted in-person.
If you require screening, you must provide the test to each employee at no cost.
Employee notification of COVID-19 illness or symptoms. Your employees must promptly notify you when they have experienced a COVID-19 illness or symptoms. Click the button to see situations requiring notification.
Employees must report when:
- the employee has received a confirmed positive test or has been diagnosed by a licensed healthcare provider with, COVID-19); or
- the employee has been told by a licensed healthcare provider that they are suspected to have COVID-19; or
- the employee is experiencing recent loss of taste and/or smell with no other explanation; or
- the employee is experiencing both fever (≥100.4° F) and new unexplained cough associated with shortness of breath.
Employer notification to employees of COVID-19 exposure. When you are notified that a person (including employees, clients, patients, residents, vendors, contractors, customers, delivery people and other visitors, or other non-employees) who has been in the workplace is COVID-19 positive, you must take the following actions within 24 hours. Click on the button to see actions you must take.
- Notify each employee who was not wearing a respirator and any other required PPE and has been in close contact with that person in the workplace. The notification must state the fact that the employee was in close contact with someone with COVID-19 along with the date(s) that contact occurred.
- Notify all employees who were not wearing a respirator and any other required PPE and worked in a well-defined portion of a workplace (e.g., a particular floor) in which that person was present during the potential transmission period.
The potential transmission period runs from 2 days before the person felt sick (or, for asymptomatic people, 2 days prior to test specimen collection) until the time the person is isolated. The notification must specify the date(s) the person with COVID-19 was in the workplace during the potential transmission period.
- Notify other employers whose employees were not wearing respirators and any other required PPE and have been in close contact with that person, or worked in a well-defined portion of a workplace (e.g., a particular floor) in which that person was present, during the potential transmission period.
The potential transmission period runs from 2 days before the person felt sick (or, for asymptomatic people, 2 days prior to test specimen collection) until the time the person is isolated. The notification must specify the date(s) the person with COVID-19 was in the workplace during the potential transmission period and the location(s) where the person with COVID-19 was in the workplace.
Notifications must not include any employee’s name, contact information (e.g., phone number, email address), or occupation.
Exception: The notification provisions are not triggered by the presence of a patient with confirmed COVID-19 in a workplace where services are normally provided to suspected or confirmed COVID-19 patients (e.g., emergency rooms, urgent care facilities, COVID-19 testing sites, COVID-19 wards in hospitals).
Immediately remove employees who test positive.
(l) Health screening and medical management.(Continued)
Medical removal from the workplace.
1. If you know an employee is COVID-19 positive (i.e., confirmed positive test for, or has been diagnosed
by a licensed healthcare provider with, COVID-19), immediately remove that employee from work and keep the employee removed until they meet your return-to-work criteria based on guidance from a licensed healthcare provider (LHP) or CDC's Isolation Guidance.
2. If the employee tells you that they are suspected by a LHP of having COVID-19, or experiencing loss of taste and/or smell with no other explanation or fever (≥100.4° F) and new unexplained cough associated with shortness of breath, immediately remove that employee and either:
- Keep the employee removed until they meet your return-to-work criteria; or
- Keep the employee removed and provide a COVID-19 polymerase chain reaction (PCR) test at no cost to the employee.
- If the test results are negative, the employee may return to work immediately.
- If the test results are positive, the employee must be removed until they meet your return-to-work criteria.
If the employee refuses to take the PCR test, continue to keep the employee removed from the workplace. You are not obligated to provide medical removal protection benefits. Absent undue hardship, you must make reasonable accommodations for employees who cannot take the test for religious or disability-related medical reasons.
Note: The partial symptom list (loss of taste and/or smell with no other explanation or fever (≥100.4° F) and new unexplained cough associated with shortness of breath) informs the employer of the minimum requirements for compliance. The full list of COVID-19 symptoms provided by CDC includes additional symptoms not listed in this section. You may choose to remove or test employees with additional symptoms from the CDC list, or refer the employees to a LHP.
Keep employees who refuse to test removed from the workplace.
(l) Health screening and medical management. (Continued)
Medical removal from the workplace. (Continued)
3. If you must notify an employee of close contact to a person at work who is COVID-19 positive, immediately remove that employee and either:
- Keep the employee removed for 14 days; or
- Keep the employee removed and provide a COVID-19 test at least five days after the exposure at no cost to the employee.
- If the test results are negative, the employee may return to work after seven days following exposure.
- If the test results are positive, keep the employee removed until they meet the return to work criteria.
- If the employee refuses to take the PCR test, continue to keep the employee removed from the workplace. You are not obligated to provide medical removal protection benefits. Absent undue hardship, you must make reasonable accommodations for employees who cannot take the test for religious or disability-related medical reasons.
You are not required to remove any employee who would otherwise be required to be removed if the employee does not experience the symptoms and has:
- been fully vaccinated against COVID-19 (i.e., 2 weeks or more following the final dose); or
- had COVID-19 and recovered within the past 3 months.
Any time you require an employee to be removed from the workplace for any reason under this section, you may require the employee to work remotely or in isolation if suitable work is available.
(l) Health screening and medical management. (Continued)
Pay those who work at home regular wages.
Medical removal protection benefits.
When you allow an employee to work remotely or in isolation, continue to pay the employee the same regular pay and benefits until the employee meets the return to work criteria.
Employers with 10 or fewer employees are not required to comply with paragraphs 4 or 5 below. When you remove an employee under this section:
- If you have more than 10 employees, continue to provide the benefits to which the employee is normally entitled and must also pay the employee the same
regular pay the employee would have received had the employee not been absent from work, up to $1,400 per week, until the employee meets the return to work
criteria specified in this section.
- If you have fewer than 500 employees, pay the employee up to the $1,400 per week cap but, beginning in the third week of an employee’s removal, the amount
is reduced to only two-thirds of the same regular pay the employee would have received had the employee not been absent from work, up to $200 per day ($1,000 per week in most cases).
- If you have more than 10 employees, your payment obligation is reduced by the amount of compensation that the employee receives from any other source,
such as a publicly or employer-funded compensation program (e.g., paid sick leave, administrative leave), for earnings lost during the period of removal or
any additional source of income the employee receives that is made possible by virtue of the employee’s removal.
Whenever an employee returns to the workplace after a COVID-19-related workplace removal, that employee must not suffer any adverse action as a result of that removal from the workplace and must maintain all employee rights and benefits, including the employee's right to their former job status, as if the employee had not been removed.
Return to work.
You must make decisions regarding an employee's return to work after a COVID-19-related workplace removal in accordance with guidance from a LHP or CDC's Isolation Guidance; and CDC's Return to Work Healthcare Guidance.
Note to paragraph (l): OSHA recognizes that CDC’s “Strategies to Mitigate Healthcare Personnel Staffing Shortages” allows elimination of quarantine for certain healthcare workers, but only as a last resort, if the workers' absence would mean there are no longer enough staff to provide safe patient care, specific other amelioration strategies have already been tried, patients have been notified, and workers are utilizing additional PPE at all times.
Train in a language and literacy level they understand.
You must support COVID-19 vaccination for each employee by providing reasonable time and paid leave (e.g., paid sick leave, administrative leave) to each employee for vaccination and any side effects experienced following vaccination.
You must ensure that each employee receives training in a language and at a literacy level the employee understands so that they comprehend at least the following:
- how COVID-19 is transmitted (including pre-symptomatic and asymptomatic transmission);
- the importance of hand hygiene;
- ways to reduce the risk of spreading COVID-19;
- the signs and symptoms of the disease;
- risk factors for severe illness;
- when to seek medical attention;
- tasks and situations in the workplace that could result in COVID-19 infection;
- employer-specific policies and hands-on practice for using PPE, including:
- when PPE is required for protection against COVID-19;
- limitations of PPE for protection against COVID-19;
- how to properly put on, wear, and take off PPE;
- how to properly care for, store, clean, maintain, and dispose of PPE; and
- any modifications to donning, doffing, cleaning, storage, maintenance, and disposal procedures needed to address COVID-19 when PPE is worn to address workplace hazards other than COVID-19;
(n) Training (Continued)
Make sure everyone knows policies and procedures.
Include instruction on your company specific COVID-19 Plan policies and procedures. This training should include the following;
- employer-specific multi-employer workplace agreements related to infection control policies and procedures, the use of common areas, and the use of shared equipment that affect employees at the workplace;
- workplace-specific policies and procedures to prevent the spread of COVID-19, (e.g., policies on Standard and Transmission-Based Precautions, physical distancing, physical barriers, ventilation, aerosol-generating procedures);
- employer-specific policies and procedures on patient screening and management;
- workplace-specific policies and procedures for cleaning and disinfection;
- employer-specific policies and procedures on health screening and medical management;
- available sick leave policies, any COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws, and other supportive policies and practices (e.g., telework, flexible hours);
- the identity of the safety coordinator(s) specified in the COVID-19 plan, (xi) this section; and
- how the employee can obtain copies of this section and any employer-specific policies and procedures developed under this section, including the employer’s written COVID-19 plan, if required.
Employers may rely on training completed prior to June 21, 2021 to the extent that it meets the relevant training requirements under this paragraph.
Retraining: Ensure that each employee receives additional training whenever:
- changes occur that affect the employee’s risk of contracting COVID-19 at work (e.g., new job tasks);
- policies or procedures are changed; or
- there is an indication that the employee has not retained the necessary understanding or skill.
The employer must ensure that the training is overseen or conducted by a person knowledgeable in the covered subject matter as it relates to the employee’s job duties.
The employer should ensure that the training provides an opportunity for hands-on practice and interactive questions and answers with a person knowledgeable in the covered subject matter as it relates to the employee’s job duties.
Any form of retaliation against employees is not appropriate.
You must inform each employee that:
- employees have a right to the protections required by this section; and
- employers are prohibited from discharging or in any manner discriminating against any employee for exercising their right to the protections required by this section, or for engaging in actions that are required by this section.
You must not discharge or in any manner discriminate against any employee for exercising their right to the protections required by this section, or for engaging in actions that are required by this section.
Note to paragraph (o): In addition, section 11(c) of the OSH Act also prohibits the employer from discriminating against an employee for exercising rights under, or as a result of actions that are required by, this section. That provision of the Act also protects the employee who files a safety and health complaint, or otherwise exercises any rights afforded by the OSH Act.
(p) Requirements implemented at no cost to employees
The implementation of all requirements of this section, with the exception of any employee self-monitoring conducted under paragraph (l)(1)(i), must be at no cost to employees.
Companies with more than 10 employees maintain records.
Small employer exclusion. Employers with 10 or fewer employees are not required to comply with the recordkeeping requirements below.
Required records. Employers with more than 10 employees must:
- retain all versions of the COVID-19 plan implemented to comply with this section while this section remains in effect.
- establish and maintain a COVID-19 log to record each instance identified by the employer in which an employee is COVID-19 positive, regardless of whether the instance is connected to exposure to COVID-19 at work.
- The COVID-19 log must contain, for each instance, the employee’s name, one form of contact information, occupation, location where the employee worked, the date of the employee’s last day at the workplace, the date of the positive test for, or diagnosis of, COVID-19, and the date the employee first had one or more COVID-19 symptoms, if any were experienced.
- The information in the COVID-19 log must be recorded within 24 hours of the employer learning that the employee is COVID-19 positive and must be maintained as though it is a confidential medical record and must not be disclosed except as required by this ETS or other federal law.
- The COVID-19 log must be maintained and preserved while this section remains in effect.
The COVID-19 log is intended to assist employers with tracking and evaluating instances of employees who are COVID-19 positive without regard to whether those employees were infected at work. The tracking will help evaluate potential workplace exposure to other employees.
Availability of records. By the end of the next business day after a request, the employer must provide, for examination and copying:
- All versions of the written COVID-19 plan to all of the following: any employees, their personal representatives, and their authorized representatives.
- The individual COVID-19 log entry for a particular employee to that employee and to anyone having written authorized consent of that employee.
- A version of the COVID-19 log that removes the names of employees, contact information, and occupation, and only includes, for each employee in the COVID-19 log, the location where the employee worked, the last day that the employee was at the workplace before removal, the date of that employee’s positive test for, or diagnosis of, COVID-19, and the date the employee first had one or more COVID-19 symptoms, if any were experienced, to all of the following: any employees, their personal representatives, and their authorized representatives.
- All records required to be maintained by this section to the Assistant Secretary.
You must continue to record all work-related confirmed cases of COVID-19 on their OSHA Forms 300, 300A, and 301, or the equivalent forms, if required to do so under 29 CFR part 1904.
(r) Reporting COVID-19 fatalities and hospitalizations to OSHA
Report fatalities and in-patient hospitalizations.
You must report to OSHA:
- each work-related COVID-19 fatality within 8 hours of the employer learning about the fatality; or
- each work-related COVID-19 in-patient hospitalization within 24 hours of the employer learning about the in-patient hospitalization.
When reporting COVID-19 fatalities and in-patient hospitalizations to OSHA, follow the requirements in 29 CFR part 1904.39, except for 29 CFR part 1904.39(a)(1) and (2) and (b)(6).
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