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El Paso, TX 79901
Phone: 915.533.4424
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Austin, TX 78705
Phone: 512.320.5466
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Las Cruces, NM 88011
Phone: 575.527.0023
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CDC Issues New Guidance on Return to Work of Critical Workers Exposed to COVID-19

On April 8, 2020, the Centers for Disease Control (CDC) issued “Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19.” Critical workers include law enforcement employees, 911 call center employees, hazardous material responders, janitorial and custodial staff, food and agricultural workers, and employees in critical manufacturing, informational technology, transportation, energy and government facilities.

Under this Interim Guidance, critical infrastructure employees who have had exposure but remain asymptomatic should adhere to the following practices before and during their work shifts:

• Pre-screen: Employers should measure the employee’s temperature and assess symptoms prior to the employee starting work. According to CDC, ideally, temperature checks should happen before an employee enters the worksite.

• Regular monitoring: As long as the employee does not have temperature or other COVID-19 symptoms, the employee should self-monitor under the supervision of the employer’s occupational health program.

• Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure. Employers can issue facemasks or can approve an employee’s supplied cloth face coverings if there are facemask shortages.

• Social distance: The employee should maintain 6 feet distance from other individuals and practice social distancing in the workplace.

• Disinfect and clean work spaces: Employers should clean and disinfect all areas such as offices, bathrooms, common areas, and shared electronic equipment routinely.

If an employee becomes sick during the workday, he or she should be sent home immediately and surfaces in the workspace he or she works should be cleaned and disinfected. Information on persons who had contact with the ill employee during the time the employee had symptoms and for 2 days prior to symptoms should be compiled, including those within the workspace who had close contact within 6 feet of the ill employee. These individuals should be considered exposed and are subject to the same protocol as set forth above, provided they are asymptomatic.

If you need guidance on the new CDC guidelines, please contact Kemp Smith’s Labor and Employment Department.