Employers engaged in critical infrastructure face significant challenges in maintaining business operations while ensuring the health of their employees and the public. While many employees are now working remotely, employers engaged in essential services do not have that luxury.

As a result, businesses engaged in critical infrastructure should implement guidelines and policies to limit potential exposure and ensure the health and safety of their employees. On April 8, 2020, the Center for Disease Control (“CDC”) issued interim guidance for employers engaged in critical infrastructure when an employee is exposed to COVID-19. 

According to the CDC, an employee is considered potentially exposed if they are in a household with or have been closer than six feet from an individual who has confirmed or suspected COVID-19 within 48 hours before the individual became symptomatic. Asymptomatic employees with exposure may be permitted to work, but employers should implement the following policies:

• Pre-screen the employee and assess symptoms before an employee enters the workplace. Employers should measure the exposed employee’s temperature daily before he or she enters the facility. So long as the employee does not have a temperature or symptoms, he or she should be instructed to self-monitor throughout the day.
• Send a sick employee home. If the employee becomes sick during the workday he or she should be sent home immediately.  Any and all surfaces in and around their workspace must be cleaned and disinfected. All persons whom the ill employee had contact with in the two days before exhibiting symptoms, including any individual who the employee may have been within six feet of will be considered exposed.
• Provide facemasks. An exposed employee should wear a face mask at all times while in the workplace for 14-days after last exposure. Employers can issue facemasks or approve an employee’s personal cloth face covering in the event of a shortage. Employers should pilot test the use of facemasks to ensure that they do not interfere with work assignments.
• Increase cleanings and airflow. Employers should routinely clean and disinfect all offices, bathrooms, commons areas, and shared electronic equipment. Practice routine cleanings using soap and water of frequently touched surfaces.  Disinfect after cleaning by using an EPA-registered household disinfectant. Increase the airflow in the building when possible.
• Implement a social distancing policy. Employers should require that employees maintain six feet distance as work duties permit in the workplace. Stagger breaks so that employees do not congregate in the breakroom.
• Ensure that employees are not sharing equipment. Employees should not share headsets or other objects that are used at or near the mouth.

Nelson Mullins will provide additional analysis and information as to CDC guidelines for critical infrastructure as they become available.