Transitioning to Normal

Please review these compiled resources to help answer questions regarding the return to 'normal.' The information does not constitute legal advice, as employers should carefully review information in accordance with their own policies and procedures and consult their internal or external legal counsel.

OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS)

TAG’s (The Acheson Group) developed a COVID-19 Risk and Planning Toolkit (version 6.1).

CDC’s COVID-19 Vaccine Booster Shot Guidance

View the CDC Guidance about the Vaccine Booster Shot

Rapid Antigen Screening Guidelines

Workplace Rapid Antigen Screening Guidelines from the Rapid Action Consortium

Full playbook for implementation of a testing program from the Rapid Action Consortium

The Rapid Action Consortium recognizes the complexity and cost associated with establishing rapid testing in US workplaces and has created an ecosystem to help companies collaborate and learn from each other and quickly solve the most pressing issues together. This Consortium is creating a streamlined, cost-effective strategy and methodology to testing that companies across the country can begin using immediately. With the collective intelligence and combined influence of a dozen or more leading companies, the Consortium is designed to tackle some of the most significant issues US employers face today, including creating the buying power to get access to affordable, high-quality tests and navigating regulatory approvals.

All participating organizations within the Consortium are dedicating staff time to this effort, seamlessly collaborating with other member companies to develop effective and sustainable testing strategies and methodologies to pilot and deploy within their own organizations. There is no upfront fee to join the Consortium at this time, and each organization covers the costs of their own tests and IT support to connect to the central data system. Founded by non-profit organizations, the Creative Destruction Lab Rapid Screening Consortium and the Covid Collaborative, and Genpact, the Consortium will offer all the learnings and approaches developed as a public good to organizations, large and small.

Learn more about the Rapid Action Consortium

Opening the Doors: Return-to-Workplace Considerations During COVID-19

Advanced Vaccine Considerations for the U.S. Workplace

As we have previously advised, and as confirmed in guidance issued by the Equal Employment Opportunity Commission (EEOC) in December, employers in the U.S. are permitted to require that employees be vaccinated, provided that they make certain accommodations for employees who are unable to receive the vaccine due to a disability or sincerely held religious belief. Implementing a vaccine requirement, however, leads to other questions about how to appropriately address those employees who are entitled to accommodations, whether vaccinated employees can be treated differently from unvaccinated employees, and related issues. Key questions concerning workplace COVID-19 vaccine policies are addressed in this alert.

Read the Full Article

Employers can require COVID-19 vaccinations, new EEOC guidance

Littler’s Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

TAG (The Acheson Group): COVID-19 Risk Mitigation and Planning Toolkit 6.1 (3/4/2022)

USDA COVID-19 Guidance for FSIS Personnel in Plants, Laboratories, and In-Commerce

The Centers for Disease Control and Prevention (CDC) announced new guidance indicating that fully vaccinated people can safely participate in most activities, indoor or outdoor, without wearing a mask or social distancing. This decision is based on science and data which tells us that vaccines work, cases have been falling dramatically, and that vaccinated people are far less likely to spread the virus.

EFFECTIVE IMMEDIATELY

Given this new guidance, FSIS has instructed in-plant, laboratory, and in-commerce personnel to follow this guidance:

If they are fully vaccinated (at least 2 weeks past their final dose), they are no longer required to wear a face mask and/or face shield or practice physical distancing in federal establishments, those facilities requesting voluntary inspection, laboratories, and locations where in-commerce duties are conducted.
Fully vaccinated FSIS personnel may elect to continue wearing face masks and/or face shields based on their level of comfort.
If the establishment or other facilities where duties are being conducted require face masks and/or face shields, FSIS employees will continue to follow those requirements.
If they are not fully vaccinated (at least 2 weeks past their final dose), CDC guidance indicates they should continue to wear a face mask and face shield and maintain physical distancing consistent with the requirements set forth in our workplace safety plan.

FSIS inspection personnel will continue to follow requirements establishments have for their personnel to control exposure, including wearing face masks and/or face shields, physical distancing, and monitoring procedures.

Resources for Tracking State Mask Mandates

Questions have come in asking about state mask mandates. Please note, these sites are only reporting at the STATE level (at the more individualized county levels, there may be other specific mandates)