CDC updates COVID-19 guidance; eliminates 5-day isolation period

By Anita Byer, Setnor Byer Insurance & Risk

The latest recommendations from the Centers for Disease Control and Prevention suggest that we have entered a new phase of the COVID-19 pandemic. On March 1, 2024, the CDC officially eliminated the five-day isolation period for people with COVID-19. The CDC also adopted a unified approach to addressing risks from a range of common respiratory viral illnesses, such as COVID-19, flu, and RSV. According to the CDC, the updated recommendations reflect “the progress we have made in protecting against severe illness from COVID-19.”

While COVID-19 remains a public health threat, it is no longer the emergency that it once was. According to the CDC, there are fewer hospitalizations, complications, and deaths due to COVID-19. And, in addition to vaccines and treatments being widely available, there is a high degree of population immunity against COVID-19. The CDC estimates that 98 percent of people aged 16 years and above have antibodies against COVID-19 (14% from vaccination alone, 26% from infection alone, and 58% from both). These factors contributed to the CDC’s decision to eliminate the 5-day isolation period for people with COVID-19.

The previous COVID-19 guidance recommended a minimum isolation period of 5 days, plus a period of post-isolation precautions. The updated guidance recommends that people stay home and away from others until at least 24 hours after both their symptoms are getting better overall, and they have not had a fever (and are not using fever-reducing medication). Symptoms may include chest discomfort, chills, cough, decrease in appetite, diarrhea, fatigue (tiredness), fever or feeling feverish, headache, muscle or body aches, new loss of taste or smell, runny or stuffy nose, sneezing, sore throat, vomiting, weakness, wheezing.

Since a residual risk of COVID-19 transmission remains after the period in which people are recommended to stay home and away from others, upon resuming normal activities, people are encouraged to take enhanced precautions for the next 5 days to curb disease spread (masking, social distancing, etc.). These enhanced precautions are important to protect those most at risk for severe illness, including older adults, young children, and people with weakened immune systems (diabetics, pregnant, recently pregnant, etc.).

It is important to note that the updated guidance states that testing is an option during the 5 days of additional precautions following the “stay home” period. CDC guidance throughout the pandemic recognized that repeated testing through the course of illness is not practical for many people.

For a summary of the updated recommendations, check out the CDC’s Respiratory Virus Guidance Snapshot.

Please contact us to learn more about insuring against pandemic-related risks.

CDC Shortens COVID Isolation and Quarantine Periods for General Population

By Anita Byer, Setnor Byer Insurance & Risk

The Centers for Disease Control and Prevention (CDC) has shortened the recommended isolation and quarantine periods for anyone in the general public who is exposed to COVID-19. This change was motivated by data that shows most transmission occurs early in the course of illness, generally 1-2 days prior to the onset of symptoms and 2-3 days after. As a result, the recommended isolation and quarantine periods have been significantly reduced for some and eliminated for others.

Quarantine. The CDC recommends quarantine when you have been in close contact with someone who has COVID-19. Close contact occurs when you are less than 6 feet away from an infected person for a cumulative total of 15 minutes or more over a 24-hour period. Under the CDC’s new guidelines, if you were exposed to COVID-19 and are NOT up-to-date on your vaccination, you should:

  • Quarantine for at least 5 full days. (The date of exposure is considered Day Zero. Day 1 is the first full day after your last contact with a person who has had COVID-19.)
  • Wear a well-fitted mask if you must be around others in your home.
  • Get tested at least 5 days after you last had close contact with someone with COVID-19.

After quarantine, watch for symptoms until 10 days after you last had close contact with someone with COVID-19. If you develop symptoms, isolate immediately and get tested. The CDC also recommends taking precautions until day 10, such as wearing a mask when around others, avoiding travel and staying away from people who are at high risk.

If you are up-to-date with COVID-19 vaccinations or had confirmed COVID-19 within the past 90 days, you do NOT need to quarantine unless you develop symptoms. Watch for symptoms until 10 days after you last had close contact with someone with COVID-19 and take precautions. Even if you don’t develop symptoms, the CDC recommends getting tested at least 5 days after you last had close contact with someone with COVID-19.

Isolation. Under the CDC’s new guidance, anyone who tests positive or has symptoms should isolate for 5 full days, regardless of vaccination status. Isolation may end after five days if you are fever-free for 24 hours (without the use of fever-reducing medication) and your symptoms are improving. The CDC recommends taking precautions (mask, avoiding travel, etc.) until day 10.

It’s important to note that this guidance applies to the general population in the community, including workplaces and K-12 schools. Separate guidance applies to healthcare settings, correctional institutions and homeless shelters. It’s also important to remain current because the CDC is continually updating its guidance and recommendations based on new data and recent developments.

What Does it Mean to be Fully Vaccinated Against COVID-19?

In the United States, nearly 2.5 million doses of the COVID-19 vaccine are being administered every day. More than 40 million Americans have been fully vaccinated against COVID-19. People are considered fully vaccinated two weeks after receiving a single-dose vaccine (Johnson & Johnson) or two weeks after their second dose in a 2-dose series (Pfizer or Moderna). According to the Centers for Disease Control and Prevention, fully vaccinated people can start doing some of the things they stopped doing because of COVID-19.

People who have been fully vaccinated:

  • can gather indoors with other fully vaccinated people without wearing a mask;
  • can gather indoors with unvaccinated people from one other household without masks, unless anyone has an increased risk of severe illness from COVID-19; and
  • do not need to quarantine or get tested if they are exposed to someone with COVID-19 yet remain symptom-free. (The CDC recommends that people living in a group setting should still isolate for 14 days and get tested, even those without symptoms.)

More must be learned about the COVID-19 vaccine, so for now, the CDC recommends that fully vaccinated people should still take precautions (masks, social distancing, etc.) when in public, when gathering with unvaccinated people from more than one other household or when visiting with an unvaccinated person who is at increased risk of severe illness or death from COVID-19 or who lives with someone else who is. According to the CDC, fully vaccinated people should also:

The CDC will continue to update its recommendations as more is learned about the COVID-19 vaccines. In the meantime, the CDC is urging everyone, including those who are fully vaccinated, to continue taking precautions when recommended.

Can Employers Make the COVID-19 Vaccine Mandatory for Employees Under the Americans with Disabilities Act?

Setnor Byer Insurance & Risk

The COVID-19 vaccines provide a glimmer of hope as new cases surge nationwide. It also raises some interesting questions for employers. How, for example, will the vaccine’s increasing availability be viewed in the context of the Americans with Disabilities Act (ADA)? Can employees be required to provide proof of vaccination? Can employers make COVID-19 vaccines mandatory for employees? Fortunately, the Equal Employment Opportunity Commission issued updated guidance to help employers answer some COVID-19 vaccine-related questions that are likely to arise in the near future.

Is asking or requiring an employee to show proof of COVID-19 vaccination a disability-related inquiry under the ADA? According to the EEOC, no. Simply requesting proof of vaccination is not likely to elicit disability-related information, so it’s not a disability-related inquiry. However, the EEOC cautions that subsequent questions (Why didn’t you get vaccinated?) may elicit information about a disability and would need to be job-related and consistent with business necessity. The EEOC recommends warning employees not to provide any medical information as part of the proof in order to avoid implicating the ADA.

How should employers respond to employees who are unable to get vaccinated because of a disability? The ADA allows employers to protect against direct threats to workplace health or safety. However, if a COVID-19 vaccination requirement screens out or tends to screen out individuals with disabilities, the employer must show that an unvaccinated employee would pose a direct threat due to a significant risk of substantial harm that cannot be eliminated or reduced to an acceptable level by reasonable accommodation. Managers and supervisors responsible for communicating an employer’s COVID-19 vaccination requirement should know how to recognize and respond to accommodation requests. The EEOC urges employers and employees to engage in a flexible, interactive process to identify accommodations that do not constitute an undue hardship (significant difficulty or expense).

Though employers may rely on CDC recommendations when evaluating reasonable accommodations, the EEOC concedes that an accommodation may not be possible in some situations. If that’s the case, the employer may exclude the employee from physically entering the workplace, but the employee should not be automatically terminated. According to the EEOC, employers must first determine whether the employee is protected under any other provision of the ADA or other any other applicable federal, state or local law before taking any adverse action.

Determining if a direct threat exists and whether it can be eliminated or reduced with a reasonable accommodation generally requires an individualized assessment. Some situations may be black or white, but most will be different shades of gray. Employers may need to consult with counsel throughout the process to avoid unintentional, yet costly mistakes.

Please contact us for additional information about protecting your business during the COVID-19 pandemic.

OSHA Inspections and Penalties for Coronavirus-Related Violations on the Rise

Setnor Byer Insurance & Risk

Did you know that the Occupational Safety and Health Act’s health and safety standards apply to COVID-19? Since the coronavirus pandemic began, the Occupational Safety and Health Administration (OSHA) has received approximately 12,000 complaints and conducted nearly 300 inspections related to COVID-19. These inspections have resulted in proposed penalties against employers totaling more than $3.5 million.

The most common violations cited by OSHA include failures to:

While covered employers are responsible for complying with all applicable health and safety standards, those relating to personal protective equipment (PPE), respiratory protection and sanitation may be especially relevant for preventing the workplace spread of COVID-19. Employers that are not subject to a specific OSHA standard must still comply with the OSH Act’s General Duty Clause, which requires each employer to provide a workplace that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

OSHA’s emphasis on preventing the spread of COVID-19 in the workplace should provide more than enough motivation for employers to do the same. Employers wanting to protect their business and avoid severe OSHA penalties must do their part to protect workers from COVID-19, including the implementation of appropriate preventative measures as required by applicable law or recommended by relevant public health authorities, like the Centers for Disease Control and Prevention (CDC).

Please contact us for more information about protecting your business and your workers during the COVID-19 pandemic.

CDC Offers Thanksgiving Tips to Keep COVID-19 Away on Turkey Day

Setnor Byer Insurance & Risk

With more than 1 million new COVID-19 cases reported over the last seven days, the Centers for Disease Control and Prevention (CDC) is pleading with Americans to celebrate Thanksgiving at home this year. Unfortunately, travel and gatherings with family and friends who do not live with you can increase the chances of getting or spreading COVID-19. For those who are nevertheless planning to host or attend Thanksgiving celebrations, the CDC urges you to take the following preventative measures.

Travelling

  • Check travel restrictions before you go.
  • Wear a mask with at least two layers over your nose and mouth. Practice social distancing.
  • Wash your hands often with soap and water or hand sanitizer. Avoid touching your mask, eyes, nose and mouth. Bring extra supplies (masks, hand sanitizer, etc.).

Attending a Gathering

  • Bring your own food, drinks, plates, cups and utensils.
  • Wear a mask and stay at least 6 feet apart from anyone who is not in your household.
  • Avoid areas where food is being prepared or handled.
  • Use single-use options (salad dressing, condiments, etc.) and disposable items (containers, plates and utensils).

Hosting a Gathering

  • Encourage guests to eat and socialize outdoors. If celebrating indoors, open windows.
  • Limit the total number of guests and the number of people in food preparation areas.
  • Let guests know what to expect before they arrive.
  • Regularly clean and disinfect frequently touched surfaces and items.
  • Have guests bring their own food and drink.
  • If sharing food, have one person serve food and use single-use options.
  • Politely remind guests to keep practicing everyday preventative measures throughout the event.

Finally, the CDC cautions that while the risk of getting or spreading COVID-19 can be reduced, it cannot be eliminated. You should not host or attend in-person Thanksgiving celebrations if you:

  • have been diagnosed with an active COVID-19 infection;
  • have symptoms of COVID-19;
  • are waiting for COVID-19 viral test results;
  • may have been exposed to someone with COVID-19 in the last 14 days; or
  • are at increased risk of severe illness from COVID-19.

Stay safe and Happy Thanksgiving!

Trick-Or-Treating During COVID-19? CDC Releases Halloween Safety Tips

Setnor Byer Insurance & Risk

Last we checked; Halloween was still on the calendar. Good thing too, because after a year full of tricks, we deserve a few treats. Yet, there are legitimate concerns about celebrating Halloween during the pandemic. The decision to go trick-or-treating is ultimately a personal one, but it doesn’t necessarily have to be all-or-nothing. Activities can be made safer by taking appropriate preventative measures to reduce the risk of spreading or getting COVID-19. For those of you thinking about trick-or-treating this year, the Centers for Disease Control & Prevention (CDC) offers the following safety tips.

 Trick-or-Treating

  • Avoid direct contact with trick-or-treaters.
  • Give out treats outdoors, if possible.
  • Set up a station with individually bagged treats for kids to take.
  • Wash hands before handling treats.

Wear a Mask

  • Make your cloth mask part of your costume.
  • A costume mask is NOT a substitute for a cloth mask.
  • Do NOT wear a costume mask over a cloth mask. It can make breathing more difficult.
  • Masks should NOT be worn by children under the age of 2 or anyone who has trouble breathing.

Wash Your Hands

  • Bring hand sanitizer (at least 60% alcohol) with you. Use it after touching objects or other people.
  • Supervise young children using hand sanitizer.
  • Wash hands with soap and water for at least 20 seconds when you get home and before you eat any treats.

Keep Your Distance

  • Stay at least 6 feet away from others who do not live with you.
  • Indoors and outdoors, you are more likely to get or spread COVID-19 when you are in close contact with others for a long time.

The CDC acknowledges that some traditional Halloween activities can increase the risk of getting or spreading COVID-19, so people may want to consider other ways to celebrate this year. Those with an increased risk of severe illness due to age or underlying medical conditions should take extra precautions.

Regardless of how you to celebrate, stay safe, look after each other and have fun. Happy Halloween!

When Can Employees with COVID-19 Return to Work?

The likelihood of an employee testing positive for coronavirus disease 2019 (COVID-19) increases with every new case. By now, employers know that employees suspected or confirmed to have COVID-19 must be kept away from the workplace. But, when should they be allowed back?

The Centers for Disease Control and Prevention (CDC) provides two strategies for determining when an employee can stop home isolation and return to work: a symptom-based strategy and a test-based strategy. The CDC stresses that the decision on which strategy to use should be made in consultation with healthcare providers and local public health authorities knowledgeable about locally available testing resources

Symptom-Based Strategy. If it is determined that employees will not be tested to determine if they are still contagious, an employee can leave home and return to work only if:

  • the employee has had no fever for at least 72 hours (without the use of fever-reducing medicine);
  • the employee’s respiratory symptoms, like cough or shortness of breath, have improved; AND
  • at least 10 days have passed since their symptoms first appeared.

Test-Based Strategy. If it is determined that employees will be tested to determine if they are still contagious, an employee can leave home and return to work only if:

  • the employee no longer has a fever (without the use of fever-reducing medicine);
  • respiratory symptoms, like cough or shortness of breath, have improved; AND
  • the employee tested negative for COVID-19 in two consecutive tests taken at least 24 hours apart.

Employers should utilize these strategies in conjunction with other preventative measures designed to limit the spread of COVID-19 in the workplace, such as actively encouraging sick employees to stay home, social distancing, hand hygiene, respiratory hygiene, cough etiquette and the use of facial coverings.

Even though guidance issued by the CDC and other public health agencies typically comes in the form of recommendations rather than requirements, employers are strongly encouraged to follow applicable recommendations when it is reasonable to do so. Remember, under OSHA’s General Duty Clause, employers are required to furnish workplaces that are free from recognized hazards that cause or are likely to cause death or serious physical harm.

Please contact us for additional information about protecting your business during the COVID-19 pandemic.

Are Your Employees Too Connected on the Road?

Putting employees on the road has always been risky business. Regardless of whether vehicles are personally owned by employees or part of a company-owned fleet, businesses may be held liable for losses arising out of the use of vehicles for business purposes. Though this risk isn’t new, the use of mobile devices while driving has made it riskier.

Research shows that the use of mobile devices, particularly cell phones and tablets, while driving significantly increases the chances of being involved in an accident.

  • The odds of being involved in a safety-critical event are 23.2 times greater for drivers who text message than for those who do not.
  • Texting drivers brake 0.2 seconds slower than those who are not texting.
  • Drivers reading a text message take their eyes of the road for 11 seconds.
  • Drivers sending a text message take their eyes of the road for 20 seconds.

Unfortunately, this kind of ‘distracted driving’ has become common. According to a study by the Centers for Disease Control and Prevention:

  • 69% of drivers between 18 and 64 reported that they had talked on their cell phone while driving within the last 30 days.
  • 31% of drivers between 18 and 64 reported that they had read or sent text or email messages while driving at least once within the last 30 days.

This research confirms that steps must be taken to reduce the risk. In addition to taking traditional measures, like training drivers and checking motor vehicle records, workplace policies must be updated to specifically include the use of mobile devices while operating any vehicle for business purposes. For example, depending on organization-specific requirements, policies may be updated to include one or more of the following provisions:

  • Employees may only use a mobile device (cell phone, tablet, etc.) when it is safe to do so.
  • Employees must use a hands-free system. Hand-held devices may not be used.
  • Employees must be able to initiate, answer or terminate a call by touching a single button. The use of voice-activated features is recommended.
  • Cell phones must be easily accessible and kept in close proximity so that they can be reached quickly while remaining in the proper seated position and restrained by the seat belt.
  • Employees may not take notes or look away from the road while using their hands-free system.
  • Employees may not engage in texting while driving, including when the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting means entering or reading text or images from any electronic device (cell phones, tablets, laptops, etc.). As used in this policy, texting includes, but is not limited to, short message service (SMS), emailing, instant messaging, any command or request to access the Internet, pressing more than a single button to initiate or terminate a voice communication, taking photographs, or engaging in any other form of data entry, access, retrieval or transmission.

All employees must follow rules governing the use of mobile devices while driving for business purposes. Gone are the days when only a select few had access to mobile devices. Moreover, every employee, even those who do not typically run business errands in their car, should acknowledge (preferably in writing) that they understand the rules and that violations may result in disciplinary action, up to and including termination of employment.

In addition to reducing the risks created by employees driving vehicles for business purposes, a sound risk management approach can also reduce overall insurance costs. If you would like to learn more about managing these risks, or about the various insurance options that may be available, please contact us.

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