The change comes after a study reported spread of COVID-19 at a Vermont prison where an employee contracted COVID-19 after short, brief contacts with an infected incarcerated individual, which added up to more than 15 minutes over the course of the employee's 8-hour shift.
This new definition will directly impact employers' COVID-19 practices. The CDC had recommended that employers not permit employees to enter the workplace for 14 days following “close contact” with someone having COIVD-19. Now, employers will need to determine who may have had “close contact” with someone having COVID-19 for a cumulative 15-minute period over the course of a 24-hour period, including persons who were not experiencing symptoms at the time. Practically, this can be expected to increase the number of employees who employers must send home to quarantine for 14 or more days.
Employers should continue to follow CDC and state public health department guidelines including the limiting of meetings and other situations which require less than six feet of distance between individuals. In addition, employers should change the definition of “close contact” in all of their screening procedures. Employers should also consider the CDC's new definition when determining whether an employee's infection was work-related for purposes of OSHA reporting and recordkeeping and workers' compensation.
Originally Published By Benesch, November 2020
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