1. Purpose
The purpose of this document is to provide implementation guidance for the U.S. Department of Health and Human Services’ (HHS) Workplace Safety Plan. This implementation guidance applies HHS-wide to all Operating and Staff Divisions (Divisions) and puts the health and safety of all Federal employees, on-site contractor employees, visitors, and their families at the center. This plan takes a safe, iterative, science-driven approach and replaces previously published guidance from September 2022. This document follows Safer Federal Workforce Task Force (Task Force) guidance (updated May 2023), Office of Management and Budget (OMB) Memorandum M-21-25 (issued June 10, 2021), as well as the earlier OMB Memorandum M-21-15 (issued January 24, 2021), and Occupational Safety and Health Administration (OSHA) guidance on protecting workers, as well as additional recommendations and guidance from the Safer Federal Workforce Task Force.
2. Background
On January 20, 2021, President Biden issued an Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991).
On January 24, 2021, OMB issued guidance to agencies, Memorandum M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles, following the release of E.O. 13991. In accordance with E.O. 13991 and Memorandum 21-15, HHS issued its COVID-19 Workplace Safety Plan and Implementation Guidance.
On January 29, 2021, OSHA issued Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace and subsequently updated this guidance on June 10, 2021, and August 13, 2021.
On June 10, 2021, OMB issued updated guidance, Memorandum M-21-25, Integrating Planning for a Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment.
On July 29, 2021, the Safer Federal Workforce Task Force (“Task Force”) issued updates to COVID-19 Workplace Safety: Agency Model Safety Principles.
On September 9, 2021, President Biden issued Executive Orders on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees and on Ensuring Adequate COVID Safety Protocols for Federal Contractors (E.O. 14043 and E.O. 14042 respectively). In implementing Executive Order 14042, HHS will comply with all relevant court orders and OMB and Task Force guidance.
On September 13, 2021, the Task Force issued updated COVID-19 Workplace Safety: Agency Model Safety Principles.
On September 15, 2022, the Task Force again issued updated Model Agency COVID-19 Safety Principles. The Task Force also regularly provides additional guidance on agency COVID-19 workplace safety protocols, including through various new and updated FAQs.
On April 10, 2023, the President signed H.J. Resolution 7, which terminated the national emergency related to COVID-19. Shortly thereafter, on May 9, 2023, an executive order was signed revoking E.O. 14042 and 14043, which covered COVID vaccination requirements for federal employees and contractors. Following these two actions, the SFWF updated its’ guidance to federal agencies, which is reflected in this plan.
Pursuant to E.O. 13991 and OMB Memoranda M-21-15, and subsequent Task Force guidance, HHS issues this updated HHS COVID-19 Workplace Safety Plan and Implementation Guidance, which rescinds and supersedes the previously issued version of December, 2022.
3. Updated Actions
I. HHS actions to date include:
- Following Task Force recommendations. The Task Force comprises the White House COVID-19 Response Team, OMB, the General Services Administration (GSA), the Office of Personnel Management (OPM), the Centers for Disease Control and Prevention (CDC), the Department of Veterans Affairs (VA), the Federal Emergency Management Agency (FEMA), the Federal Protective Service (FPS), and the United States Secret Service (USSS).
- Review of OMB Memoranda M-21-15 and M-21-25.
- Designation of the Office of the Assistant Secretary for Administration (ASA) as the lead for the HHS Return to Workplace Initiative, and coordination of COVID-19 workplace safety principles, protocols, and policies, for all HHS employees, on-site contractor employees, and visitors at HHS facilities and at HHS-occupied space.
- Establishment of a Return to Workplace (RTWP) Task Force (equivalent to the COVID Coordination Team) composed of HHS Divisions’ Chief Operating Officers and Executive Officers, the Office of Human Resources (OHR), National Labor & Employee Relations Office (LR), the Program Support Center (PSC), the Office of the Chief Information Officer (OCIO), Executive Leadership from the Immediate Office of the Secretary (IOS) or designated representatives, the Office of the General Counsel (OGC), a CDC Public Health expert, the Office of the Assistant Secretary for Public Affairs (ASPA), Office of the Assistant Secretary for Financial Resources (ASFR), and other appropriate representatives.
II. Pursuant to Safer Federal Workforce Task Force, OMB, OPM, and GSA guidance, HHS will take the following actions:
- Continue to update this plan/implementation guidance when necessary.
- Communicate this plan/implementation guidance to HHS Divisions to inform HHS employees, on-site contractor employees, and visitors at HHS facilities and at HHS-occupied space of current and upcoming policy changes.
4. Workplace Health and Safety Principles
Workplace health and safety at HHS involves all employees at the individual level and multiple stakeholders, including leadership from all HHS Divisions’ Facility Security Committees and Designated Officials (in the case of multiple federal Agency involvement), building facility managers, HHS policy authorities, medical officers, public health experts, and ASA staff. The principles presented here are in alignment with the latest guidance from the Safer Federal Workforce Task Force, CDC, and OSHA, and implement public health best practices for HHS workplaces based on our evolving understanding of COVID-19 mitigation measures. Principles will be reassessed and updated over time, as conditions warrant. HHS will continue proactive and iterative engagement with Federal employee unions on policies and their implementation. The minimum standards outlined below apply unless an existing collective bargaining agreement (CBA) provides a more protective standard, in which case the CBA applies, or unless State, local, territorial, or Tribal requirements provide a more protective standard, in which case those local requirements apply.
WORKPLACE HEALTH AND SAFETY PRINCIPLES
COVID-19 Hospital Admission Levels
- As of May, 2023, CDC has replaced COVID-19 community level tracking with hospital admission levels in order to guide agency prevention decisions. These hospitalization levels are now available from the CDC, and are updated regularly. For each level reported, CDC has recommended actions that can be taken to protect from severe impacts of COVID-19.
- CDC hospitalization levels can be found here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
Vaccination Information
- Based on the Executive Order signed on May 9, 2023, E.O. 14042 and E.O. 14043 are revoked, removing any vaccination requirement. All prior guidance concerning COVID-19 vaccination, whether for federal employees or contractors, is revoked as well.
Mask-Wearing
- When the COVID-19 hospital admission level is HIGH in a county where a HHS facility is located, pursuant to E.O. 13991 and consistent with CDC guidance, Divisions must require individuals—including HHS employees, onsite contractor employees, and visitors—who are two years or older, to wear a high-quality mask or respirator indoors in the facility . This includes Federal employees when they are interacting with members of the public as part of their official HHS responsibilities.
- When the COVID-19 hospitalization level is LOW or MEDIUM in a county where a HHS facility is located, in most settings, to be consistent with Task Force guidance, Divisions would need to communicate to individuals, such as through signage, that mask-wearing is optional, and should not otherwise require individuals to wear a mask, except where required by Federal, State, Tribal, territorial, or local laws, rules, regulations, or existing collective bargaining agreements.
“High-quality” masks or respirators include respirators that meet U.S. or international standards (e.g., N95, KN95, KF94), masks that meet a standard (e.g., ASTM), or “procedure” or “surgical”-style masks. Divisions should otherwise avoid limiting the types of masks that can be worn by individuals in Federal facilities. - When individuals are required to wear a high-quality mask or respirator (such as an N95): Masks and respirators should be well-fitting and worn consistently and correctly (over mouth and nose). Masks or respirators should be worn in any common areas or shared workspaces (including open floorplan office space, cubicle embankments, and conference rooms).
- Individuals do not need to wear masks when outdoors. Additionally, individuals do not need to wear masks when they are alone in an office with floor to ceiling walls and a closed door, or for a limited time when an individual is eating or drinking and maintaining distance from others.
- Mitigation measures such as mask-wearing and physical distancing in Federal buildings or on Federal land should follow Federal, State, local, Tribal, or territorial laws, rules, and regulations. The location of the facility determines operative guidance and not locations employees may commute from. Where a locality imposes more protective COVID-19-related safety requirements, those requirements should be followed by Federal employees and onsite contractor employees, in Federal buildings, in Federally controlled indoor worksites, and on Federal lands within that locality.
- Divisions should not purchase and distribute N95 respirators to employees, unless they are required by a work task or procedure, have been previously identified as required in a hazard analysis, and the employees that N95 respirators are issued to are enrolled in an OSHA respiratory protection program (i.e., employees are medically screened, fit tested, trained on respirator use, etc.).
- Employees may procure and wear their own, self-provided respirator provided that they have reviewed Appendix D of the OSHA respiratory protection standard, are enrolled in a Division voluntary use program or a Division respiratory protection program.
- Whenever HHS Divisions require that employees wear high-quality masks or respirators (including when all individuals in a HHS facility are required to wear high-quality masks because the COVID-19 hospital admission level in the county where the HHS Facility is located is HIGH), Divisions must make high-quality masks or respirators available to agency employees. Divisions may also make high-quality masks or respirators available to onsite contractor employees and visitors, such as at building entrances.
- Notice of mask-wearing requirements and other safety measures, via written signage, will be posted conspicuously at each public entrance to HHS workplaces.
- If masks are required:
- A federal employee who is unable to wear a mask properly, in accordance with CDC guidance, or cannot tolerate a mask due to a medical condition should initiate a request for an accommodation by notifying their supervisor or contacting their Division’s Reasonable Accommodation office.
- An on-site contractor employee who is unable to wear a mask properly, in accordance with CDC guidance, or cannot tolerate a mask due to a medical condition should inform their contract supervisor, who will, in turn, discuss the matter with the Contracting Officer Representative (COR) and Contracting Officer (CO).
- In accordance with applicable laws, regulations, policies, Executive Orders, and existing Equal Employment Opportunity (EEO) Commission guidance, accommodations (adaptations and alternatives) will be considered for qualified individuals with required documentation on a case-by-case basis. Divisions should consult with their servicing Equal Employment Opportunity Office for further guidance.
- Individuals may be asked to lower their masks briefly for identification purposes in compliance with safety and security requirements.
- Masks do not provide the same level of protection as respirators and should not be used in lieu of that personal protective equipment (PPE) where required or recommended for duty.
Screening Testing
- Definitions:
- High-risk setting: These include certain Federal facilities—or certain specific settings within Federal facilities— where (1) COVID-19 transmission risk is high, and (2) the population present onsite is at high risk of severe outcomes from COVID-19 or there is limited access to healthcare. Examples of such settings provided by CDC include, “High-risk congregate settings, such as assisted living facilities, correctional facilities, and homeless shelters, that have demonstrated high potential for rapid and widespread virus transmission to people at high risk for severe illness” and “Settings that involve close quarters and that are isolated from healthcare resources (e.g., fishing vessels, wildland firefighter camps, or offshore oil platforms).
- Screening Testing: This is COVID-19 testing intended to identify people with COVID-19 who are asymptomatic or do not have any known, suspected, or reported exposure to SARS-CoV-2, the virus that causes COVID-19
- Serial Screening Testing: This is screening testing that is repeated at different points in time within a group, such as periodic testing for everyone in a particular setting or facility.
- Point-in-time Testing: This is screening testing that happens on a situational basis, such as before an event or visit.
- Screening testing is COVID-19 testing intended to identify people with COVID-19 who are asymptomatic or do not have any known, suspected, or reported exposure to SARS-CoV-2, the virus that causes COVID-19. HHS may, in limited circumstances, establish COVID-19 testing requirements for employees, onsite contractor employees and visitors accessing high-risk settings within HHS facilities. When HHS has identified potential high-risk settings in an HHS facility, the agency will consult with the Task Force to confirm that those facilities are high-risk and that conducting serial or point-in-time screening testing in those facilities would be consistent with CDC and Task Force guidance.
- Serial screening testing is screening testing that is repeated at different points in time within a group, such as periodic testing for everyone in a particular setting or facility. Following consultation with the HHS RTWP Task Force, the HHS Office of General Counsel and the Task Force, Divisions may establish COVID-19 serial screening testing programs for employees (or employees and onsite contractor employees) working in high-risk settings within Division facilities. Should HHS establish such serial screening testing programs, then when COVID-19 hospital admission levels are MEDIUM or HIGH in the county where those facilities are located, HHS will require all asymptomatic employees who are enrolled in the serial screening testing program, regardless of their vaccination status, to be tested twice weekly for any week during which they work on-site or interact in person with members of the public as part of their job duties in that high-risk setting.
- Onsite contractor employees do not need to be included in HHS serial screening testing programs; however, Divisions may determine that it is necessary that onsite contractor employees, regardless of their vaccination status, must participate in serial screening testing, based upon operational or administrative considerations associated with particular settings, roles or functions.
- An employee or onsite contractor employee enrolled in a serial screening testing program for an HHS identified high-risk setting does not need to be able to provide the results of a negative test each time they enter or are present in that setting. This is in effect regardless of COVID-19 hospital admission levels.
- Employees who are working remotely or who are on maximum telework do not need to undergo regular testing.
- Testing may be conducted at an HHS facility or offsite as determined by the Division.
- The test can be both self-administered and self-read by the employee if the Division has the employee certify as to when they took the test and that they received a negative result.
- Point-in-time screening testing is screening testing that happens on a situational basis, such as before an event or visit. Following consultation with the HHS RTWP Task Force, the HHS Office of General Counsel and the Task Force, Divisions may establish COVID-19 point-in-time screening testing requirements for onsite contractor employees and visitors accessing high-risk settings within Division facilities, as well as for in-person attendees at Division-hosted meetings, events, or conferences taking place in high-risk settings within Federal facilities or high-risk non-Federal settings, when COVID-19 hospital admission levels are MEDIUM or HIGH in the county where the facilities with those high-risk settings are located.
- If a Division has established such point-in-time screening testing requirements for high-risk settings, then when COVID-19 hospital admission levels are MEDIUM or HIGH in the county where the Federal facilities with those high-risk settings are located, agencies must require visitors (except those seeking to obtain a public service or benefit), onsite contractor employees (except those individuals otherwise enrolled in an agency serial screening testing program, if any) accessing those settings, as well as in-person attendees at meetings, events, and conferences the agency is hosting in those settings (except those individuals otherwise enrolled in an agency serial screening testing program, if any), regardless of vaccination status, to be able to provide proof that they received a negative test result within 24 hours of accessing that Federal facility or high-risk setting from a viral test authorized by the FDA to detect current COVID-19 infection, pursuant to E.O. 13991 and consistent with CDC guidance.
- For additional information, please review the Safer Federal Workforce Task Force FAQs related to testing.
- Under OSHA’s recordkeeping requirements, if an employee tests positive for SARS-CoV-2 infection, the case must be recorded on the OSHA Illness and Injury Log if each of the following conditions are met: (1) the case is a confirmed case of COVID-19; (2) the case is work-related (as defined by 29 CFR 1904.5); and (3) the case involves one or more relevant recording criteria (set forth in 29 CFR 1904.7) (e.g., medical treatment beyond first aid, days away from work). HHS follows state and county reporting requirements and complies with state and county contact tracing efforts.
- Serial screening testing is screening testing that is repeated at different points in time within a group, such as periodic testing for everyone in a particular setting or facility. Following consultation with the HHS RTWP Task Force, the HHS Office of General Counsel and the Task Force, Divisions may establish COVID-19 serial screening testing programs for employees (or employees and onsite contractor employees) working in high-risk settings within Division facilities. Should HHS establish such serial screening testing programs, then when COVID-19 hospital admission levels are MEDIUM or HIGH in the county where those facilities are located, HHS will require all asymptomatic employees who are enrolled in the serial screening testing program, regardless of their vaccination status, to be tested twice weekly for any week during which they work on-site or interact in person with members of the public as part of their job duties in that high-risk setting.
Diagnostic Testing
- Diagnostic testing is intended to identify current infection in individuals and should be performed on anyone that has signs and symptoms consistent with COVID-19 and/or following recent known or suspected exposure to SARS-CoV-2.
- HHS employees who are known to have been exposed to COVID-19 as part of their work and are onsite at an HHS workplace or interacting with members of the public in person as part of their official HHS responsibilities must receive diagnostic testing at no cost to the employee.
Workplace COVID-19 Cases
- HHS Divisions will provide recommended CDC guidance to employees or contractors who may test positive while physically in the workplace regarding isolation and testing procedures.
- Any information collected will be kept confidential in compliance with the Americans with Disabilities Act, the Privacy Act, and the Rehabilitation Act and other EEO laws, and accessible only by those with a need to know in order to protect the health and safety of personnel.
Official Travel
- There are no Government-wide limits on official travel (i.e., travel conducted under an official travel authorization) for Federal employees. Employees should follow their Division’s travel policy.
- In approving official travel for employees, Divisions should:
- Inform those employees that CDC recommends that individuals make sure they are up to date with COVID-19 vaccines before travel;
- Recommend that those employees consider being tested for current infection with a viral test as close to the time of departure as possible (no more than three days) before travel and recommend that those employees consider being tested with a viral test after travel if their travel involved situations with greater risk of exposure such as being in crowded places while not wearing a high-quality mask;
- Instruct those employees to adhere strictly to CDC guidance for domestic and international travel before, during, and after official travel;
- Instruct those employees to check their destination’s COVID-19 hospital admission level before traveling and to wear a high-quality mask or respirator (such as an N95) while on-duty and around others indoors at their destination, if the COVID-19 hospital admission level in the county where their destination is located is HIGH.
- Instruct employees to make sure they understand and follow all travel restrictions put in place by State, Tribal, local, and territorial governments.
- Advise the traveling individual to prepare to be flexible, as restrictions, policies, and circumstances may change during their travel.
- If an individual develops COVID-19 symptoms after official travel has been approved, then pursuant to E.O. 13991 and consistent with CDC guidance, the agency must instruct the individual to not undertake further official travel, including under that previously approved travel authorization, and to instead follow agency protocols consistent with the Task Force guidance on travel for individuals with COVID-19 symptoms.
- For asymptomatic individuals who have had a known exposure to someone with COVID-19 within the past 10 days, Divisions may approve official travel, consistent with the Division’s travel policy.
- If the individual remains without COVID-19 symptoms before traveling, then pursuant to E.O. 13991 and consistent with CDC guidance, the agency must instruct the individual to, in addition to other standard pre-travel instructions related to COVID-19:
- Wear a high-quality mask or respirator (such as an N95) the entire time they are on-duty and around others indoors for the full duration of their travel that falls within the 10 full days after their last known exposure;
- Not travel on public transportation such as airplanes, buses, and trains if they will not be able to wear a high-quality mask or respirator (such as an N95) when around others indoors for the full duration of their travel within the 10 full days after their last known exposure; and
- Follow other aspects of post-exposure protocols, including the requirement for individuals with a known exposure to be tested for COVID-19 after 5 full days following their last known exposure (ideally, on or after day 6)—note that this testing may need to occur while the individual is traveling. Divisions do not need to require that employees wait for the results of this post-exposure diagnostic test to undertake official travel, including return travel.
- If the individual develops COVID-19 symptoms after official travel has been approved, then pursuant to E.O. 13991 and consistent with CDC guidance, the Division must instruct the individual to not undertake further official travel, including under that previously approved travel authorization, and to instead follow protocols consistent with the Task Force guidance on travel for individuals with COVID-19 symptoms.
- If the individual remains without COVID-19 symptoms before traveling, then pursuant to E.O. 13991 and consistent with CDC guidance, the agency must instruct the individual to, in addition to other standard pre-travel instructions related to COVID-19:
- Pursuant to E.O. 13991 and consistent with CDC guidance, Divisions must not approve official travel (i.e., travel conducted under an official travel authorization) for individuals who have COVID-19 symptoms and are waiting for an initial diagnostic viral test result, and Divisions must not approve official travel for individuals who have tested positive for COVID-19 for at least five full days after their first day of symptoms, or after the date of the initial positive diagnostic viral test for asymptomatic individuals.
- If an individual who tested positive for COVID-19 has returned to working onsite at an Division workplace or interacting with members of the public as part of their official Division responsibilities (once they are fever-free for 24 hours without the use of fever-reducing medication and their other symptoms are improving), then the Division may approve official travel for the individual. Pursuant to E.O. 13991 and consistent with CDC guidance, Divisions must, in addition to other standard pre-travel instructions related to COVID-19, instruct individuals to:
- Wear a high-quality mask the entire time they are on-duty and around others indoors for the full duration of their travel that falls within the period they are otherwise required to wear a high-quality mask or respirator after ending isolation, consistent with Task Force guidance;
- Not travel on public transportation such as airplanes, buses, and trains if they will not be able to wear a high-quality mask or respirator when around others indoors for the full duration of their travel that falls within the period they are otherwise required to wear a high-quality mask or respirator after ending isolation, consistent with Task Force guidance; and
- Follow other aspects of post-isolation protocols.
- Senior Travel Officials shall implement management and supervisory controls sufficient to ensure Temporary Duty travel (TDY) is performed consistent with Safer Federal Workforce Task Force guidance and Agency Model Safety Principles as well as CDC COVID-19 travel-related guidance.
- Approval for official travel is left to the discretion of the HHS Division heads, who should consider if travel is in accordance with CDC guidelines for travel and the Safer Federal Workplace Task Force travel page.
Meetings, Events, and Conferences
- All in-person attendees at any meetings, conferences, or events hosted by HHS must comply with relevant COVID-19 safety protocols, including as it relates to any mask-wearing when COVID-19 hospital admission levels are HIGH, pursuant to E.O. 13991 and consistent with CDC guidance.
Symptom Screening
- If Federal employees, on-site contractor employees, or visitors have fever or chills, or if they have other new or unexplained symptoms consistent with COVID-19 such as new or unexplained onset of cough, shortness of breath, or difficulty breathing, new or unexplained loss of taste or smell, or new or unexplained muscle aches, they should not enter an HHS workplace. If an individual suspects that they have COVID-19, such as because they have new or unexplained COVID-19 symptoms, but they do not yet have test results, they should not enter an HHS workplace and should get tested if they have not already done so.
- Federal employees and contractor employees working on-site shall complete symptom screening self-checks prior to entry into any Federal facilities. Symptom screening is self-conducted and does not need to be verified by other HHS personnel.
- Federal employees shall complete symptoms screening self-checks prior to interacting with members of the public in person as part of their official HHS responsibilities. Symptom screening is self-conducted and does not need to be verified by other HHS personnel.
- Any individual who develops new or unexplained symptoms consistent with COVID-19 or who tests positive for COVID-19, while onsite during the workday must immediately wear a high-quality mask or respirator (such as an N95), notify their supervisor (contractor employees should contact their company supervisor, and follow these guidelines), and promptly leave the workplace. A list of symptoms that may require immediate medical attention can be accessed on the CDC website here.
Post-Exposure Precautions
- Pursuant to E.O. 13991 and consistent with CDC guidance on post-exposure precautions, any HHS employee who is exposed to someone with COVID-19, regardless of their vaccination status, shall:
- Immediately wear a high-quality mask or respirator while working indoors at an HHS workplace or interacting indoors with members of the public in person as part of their official HHS responsibilities as soon as possible after notification of exposure and continue to do so for 10 full days from the date they were last exposed, in addition, the CDC recommends testing at day 6;
- Take extra precautions, such as avoiding crowding and physically distancing from others, when they know they are around people who are more likely to get very sick from COVID-19 while working onsite at an HHS workplace or interacting with members of the public in person as part of their official HHS responsibilities, for 10 full days from the date they were last exposed; and
- Watch for COVID-19 symptoms for 10 full days from the date they were last exposed.
- For purposes of calculating the 10 full days, day 0 is the day of their last known exposure to someone with COVID-19, and day 1 is the first full day after their last known exposure.
- HHS requires its employees and onsite contractor employees who are known to have been exposed to COVID-19 and are onsite at an HHS workplace or interacting with members of the public in person as part of their official HHS responsibilities in the ten days following their last exposure must get tested for current infection with a viral test at least 5 days after their last known exposure (ideally, on or after day 6), even if they do not have symptoms.
Isolation and Post-Isolation Precautions
- Any individual with probable or confirmed COVID-19, regardless of their vaccination status, must not enter a HHS facility or interact with members of the public in person as part of their official HHS responsibilities, consistent with CDC guidance on isolation, and monitor their symptoms. This includes people who have an initial positive diagnostic viral test for COVID-19, regardless of whether or not they have symptoms, and people with symptoms of COVID-19, including people who are awaiting test results or have not been tested.
- Divisions will allow individuals who tested positive for COVID-19 and never developed symptoms to return to working onsite at their workplace or interacting with members of the public as part of their official HHS responsibilities after 5 full days following their positive COVID-19 test (day 0 being the day the individual was tested). Individuals who tested positive for COVID-19 and had symptoms may return to working onsite at an HHS workplace or interacting with members of the public as part of their official HHS responsibilities after 5 full days from the onset of symptoms (day 0 being the day of symptom onset), once they are fever-free for 24 hours without the use of fever-reducing medication and their other symptoms are improving. Note that loss of taste and smell may persist for weeks or months after recovery and need not delay the end of isolation.
- If an individual had moderate illness (if they experienced shortness of breath or had difficulty breathing) or severe illness (they were hospitalized) due to COVID-19, or they have a weakened immune system, Divisions must advise the individual to delay returning to working onsite at an HHS workplace or interacting with members of the public as part of their official HHS responsibilities for a full 10 days. If an individual had severe illness or has a weakened immune system, they should consult their healthcare provider before ending isolation. If an individual is unsure if their symptoms are moderate or severe or if they have a weakened immune system, Divisions should advise the individual to talk to a healthcare provider for further guidance.
- Once an individual has returned to working onsite at an HHS workplace or interacting with members of the public as part of their official HHS responsibilities after having tested positive for COVID-19 and isolated consistent with CDC guidance on isolation, then pursuant to E.O. 13991 and consistent with CDC guidance, the Division must instruct the individual to continue to take precautions consistent with CDC guidance for at least 10 full days after their first day of symptoms, or after the date of a positive viral test for asymptomatic individuals, including wearing a high-quality mask or respirator (such as an N95) when around others, avoiding eating and drinking around others, avoiding environments such as dining facilities, gyms, or other places where they may need to be unmasked around others, and avoiding being around people who they know are at high risk for severe disease from COVID-19.
- As it relates to mask-wearing after returning from isolation, the Divisions may also inform such individuals that they can opt to take two viral antigen tests authorized by the FDA to detect current COVID-19 infection, starting on day 6. With two sequential negative tests 48 hours apart, the individual may remove their mask sooner than day 10. If either of their antigen test results are positive, the individual should continue taking antigen tests at least 48 hours apart until they have two sequential negative results. This may mean that the individual would continue wearing a mask and testing beyond day 10.
- If at any point their COVID-19 symptoms recur or worsen, the Divisions must instruct the individual to again not enter an HHS facility or interact with members of the public as part of their official HHS responsibilities, restarting at day 0, consistent with E.O. 13991 and CDC recommendations on isolation and the isolation protocols herein.
- Divisions should note that in the case of healthcare workers specifically, CDC recommends more specific guidance. Divisions should review that guidance here.
- For additional information, please review the Safer Federal Workforce Task Force FAQs on Post-Exposure Precautions and Isolation found here: FAQs
Confidentiality
- All medical information that may be collected from Federal employees, including test results and any other information obtained as a result of testing and symptom screening and monitoring, will be treated as confidential information in accordance with applicable law, such as the Privacy Act, the Americans with Disabilities Act Amendments Act (ADAAA), the Rehabilitation Act, and other EEO laws, and accessible only by those with a need to know to protect the health and safety of personnel.
- Accessibility of Federal employees’ medical information related to COVID-19 will comply with the Americans with Disabilities Act Amendments Act (ADAAA), the Rehabilitation Act, and other EEO laws. Additional guidance may be found here. Medical information will “be treated as a confidential medical record” and be “collected and maintained on separate forms and in separate medical files.” 29 C.F.R. § 1630.14 (c)(1).
Workplace Occupancy
- There are no current workplace occupancy limits related to COVID-19.
- When COVID-19 hospital admission levels are MEDIUM or HIGH, signage must be posted encouraging individuals, regardless of vaccination status, to consider avoiding crowding and physically distancing themselves from others in indoor common areas, meeting rooms, and high-risk settings in HHS facilities. Pursuant to E.O. 13991, CDC guidance for physical distancing in specific settings, including healthcare and high-risk congregate settings, must be followed, as applicable.
- When COVID-19 hospital admission levels are MEDIUM or HIGH, Divisions may consider establishing occupancy limits for indoor common areas and meeting rooms in HHS facilities, and in high-risk settings within HHS facilities, where necessary, including where ventilation and air filtration is challenging to improve, or crowding cannot otherwise be avoided.
- Consult with the ASA (through the RTWP Task Force) if there is a need to establish occupancy limits to meet urgent, mission-critical needs, to ensure coordination with and approval by OS, OMB, OPM, and GSA.
Physical Distancing and Avoiding Crowding
- When COVID-19 hospital admission levels are MEDIUM or HIGH, signage must be posted encouraging individuals, regardless of vaccination status, to consider avoiding crowding and physically distancing themselves from others in indoor common areas, meeting rooms, and high-risk settings in HHS facilities.
- Pursuant to E.O. 13991, CDC guidance for physical distancing in specific settings, including healthcare settings, must be followed, as applicable.
Environmental Cleaning
- In some locations, facilities personnel may conduct enhanced cleaning in common use/high touch/high-density spaces, such as lobbies, restrooms, elevators, and stairwells. Office space that is in regular use will be cleaned regularly, and in accordance with CDC guidelines and OSHA guidelines.
Ventilation and Air Filtration
- Additional modifications may be considered in accordance with CDC and OSHA guidance, including as workforce density increases. To the maximum extent feasible, indoor ventilation will be optimized to increase the proportion of outdoor ventilation, improve filtration, and reduce or eliminate recirculation.
- Divisions are encouraged to consider making use of portable air cleaners with high-efficiency particulate air (HEPA) filters in indoor common areas and meeting rooms, particularly where ventilation or air filtration is otherwise challenging to improve, where crowding cannot be avoided, or in high-risk settings when hospital admission levels are high.
Vaccination Related Leave
- Employees who are isolating because they have COVID-19 symptoms and are waiting for test results, or because they have probable or confirmed COVID-19 and is unable to or does not feel well enough to telework, may request sick leave, use accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or credit hours), access a voluntary leave bank, or use unpaid leave in this situation, as appropriate. Weather and safety leave would be unavailable (see Office of Personnel Management, CPM 2020-02, February 7, 2020), but to mitigate exposure in the workplace, divisions may, on a limited basis, offer up to 1 day of administrative leave to employees who have COVID-19 symptoms and are isolating while actively seeking to be tested.
- Managers will grant leave-eligible employees up to 4 hours of administrative leave to receive any dose of FDA-authorized COVID-19 vaccine. The administrative leave will cover the time it takes to travel to the vaccination site, receive the vaccine dose, and return to work. If an employee needs to spend less time getting the vaccine dose, only the needed amount of administrative leave should be granted. Employees should obtain advance approval from their supervisor before using administrative leave for purposes of obtaining a COVID-19 vaccine dose. Employees may not be credited with administrative leave or overtime work for time spent getting a vaccine dose outside their tour of duty. Any employee who may be covered by a vaccine requirement will be granted duty time to receive said required vaccine doses.
- Managers should grant up to 2 workdays of administrative leave if an employee has an adverse reaction to a COVID-19 vaccine dose—regardless of whether that dose was required or not—that prevents the employee from working (i.e., no more than 2 workdays for reactions associated with a single dose). missions by promoting the health and safety of the Federal workforce.
- Managers must grant administrative leave to any Federal employee who accompanies any family member who is receiving a COVID-19 vaccine dose. For this purpose, a “family member” is an individual who meets the definition of that term in OPM’s leave regulations (see 5 CFR 630.201). Divisions would need to grant leave-eligible employees up to 4 hours of administrative leave per dose—for example, up to a total of 16 hours of leave for a family member receiving four doses—for each family member the employee accompanies. (If an employee needs to spend less time accompanying a family member who is receiving the COVID-19 vaccine, only the needed amount of administrative leave should be granted.) Employees should obtain advance approval from their supervisor before being permitted to use administrative leave for COVID-19 vaccination purposes. Employees may not be credited with administrative leave or overtime work for time spent outside their tour of duty helping a family member get vaccinated. This policy applies to covered vaccinations received after July 29, 2021. Managers must continue to comply with HHS Leave policies as promulgated by the Office of Human Resources (OHR).
5. Points of Contact
All questions regarding the HHS COVID-19 Workplace Safety Plan and Implementation Guidance may be addressed to the Return to Workplace Task Force RTWP@hhs.gov
Additional Information for Division Leadership to Consider:
Appendix A: Additional Resources/Web Links
Appendix A: Additional Resources
The following provides additional resources for Divisions to inform their return to normal operations:
- General CDC Guidance
- Vaccines for COVID-19
- Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (E.O. 14042)
- Executive Order on Moving Beyond COVID-19 Vaccination Requirements for Federal Workers
- Safer Federal Workforce Task Force Frequently Asked Questions (FAQs)
- Safer Federal Workforce Task Force Model Agency COVID-19 Safety Principles
- OSHA: Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
- OSHA: Coronavirus Disease (COVID-19)
- OSHA Respirator Guidance
Summary of updates:
Date | Brief Description of Change |
---|---|
19 January 2022 | Updated the Quarantine and Isolation section to reflect a change in CDC guidance and provide a hyperlink to current CDC guidance |
9 February 2022 | Updated the plan by adding general statements referring to current injunctions on E.O.s 14042 and 14043. Also added a link to Task Force FAQs in the Quarantine and Isolation section |
1 March 2022 | Updated the Face Mask and Testing sections to incorporate CDC guidance related to Community Levels |
November – December 2022 | Updated the plan to reflect Task Force guidance promulgated on September 15, 2022. Changes to the Masking, Travel, Vaccination, Symptom Monitoring and Quarantine and Isolation sections. Minor changes to the remainder of the plan in accordance with Task Force guidance. |
19 September 2023 | Plan updated to reflect the change from community levels to hospital admission levels, revoking of E.O. 14042 and E.O. 14043 and the ending of the COVID-19 emergency as codified into law, along with the E.O. on moving beyond COVID-19 |