COVID-19 Workplace Safety Plan

The purpose of this document is to set forth the U.S. Equal Employment Opportunity Commission’s (the EEOC) COVID-19 Workplace Safety Plan (Safety Plan) for employees, onsite contractors, individuals receiving services, and visitors. This Safety Plan is updated to include Model Agency COVID-19 Safety Principles (September 15, 2022). These updated model COVID-19 safety principles set forth the protocols agencies must follow to comply with their obligations under section 2(a) of E.O. 13991, as well as protocols agencies need to follow to implement Safer Federal Workforce Task Force (Task Force) guidance issued pursuant to E.O. 13991. The Task Force will reassess the model safety principles over time, as conditions warrant and as the Centers for Disease Control and Prevention (CDC) guidelines are updated.

Since the start of the pandemic, the EEOC has continued to work to balance delivery of our mission with adapting to the evolving challenges that COVID-19 presents to our workforce and the public. The health and safety of the EEOC workforce, its contractors, and the public we serve are paramount. The agency will follow the health and safety protocols and procedures outlined in this Safety Plan. This is a living document dependent on federal, state, and local government guidance about public health conditions and may be updated as circumstances require.

II. EEOC COVID-19 Coordination Team

The EEOC has established a COVID-19 Coordination Team. Currently, the members are:

Because the EEOC does not have a public health expert on staff, the EEOC will consult with a delegate provided by the CDC through the Task Force when necessary.

The COVID-19 Coordination Team will meet regularly to review compliance with the agency’s Safety Plan, protocols, and policies; consider potential revisions to the Safety Plan pursuant to guidance from the Task Force and current CDC guidelines; and evaluate any other operational needs related to COVID-19 workplace safety. The Team will consult with the General Services Administration (GSA), the Office of Personnel Management (OPM), and the Office of Management and Budget (OMB), as appropriate. For privately owned and federally leased space, the COVID-19 Coordination Team will coordinate with GSA, building management, facility security and safety committees, and/or facility pandemic coordinators.

The COVID Coordination Team is responsible for keeping the Chair informed regarding conclusions and recommendations from the Team.

III. Communications with EEOC Employees, On-Site Contractors, Visitors, and Service Recipients

  1. General. The EEOC communicates with, educates, and informs employees, contractors, visitors, and service recipients in a variety of ways. The EEOC will be transparent in communicating information to the workforce, as relevant and appropriate, consistent with local and federal privacy and confidentiality laws and regulations.

IV. COVID-19 Community Levels

The CDC designates COVID-19 Community Levels, which measure the impact of COVID-19 illness on health and healthcare systems and inform the appropriate prevention strategies to utilize at a given time. The CDC provides county-level data showing the COVID-19 Community Levels in the United States. The EEOC will utilize COVID-19 Community Level data to determine prevention strategies recommended for each county in which an EEOC office is located. The EEOC will review the COVID-19 Community Level for each of our locations on a weekly basis to determine any changes that should be made to agency COVID-19 workplace safety protocols for the upcoming week. The chart below sets out the new guidance for each of the COVID-19 Community Levels.

When the COVID-19 Community Level is LOW in the county where a federal office is located:

When the COVID-19 Community Level is MEDIUM in the county where a federal office is located:

When the COVID-19 Community Level is HIGH in the county where a federal office is located:

When COVID-19 Community Levels are HIGH, EEOC may consider establishing occupancy limits for indoor common areas and meeting rooms.

FAQs regarding local conditions can be found on SaferFederalWorkforce.gov here.

V. Vaccination

  1. Nationwide Injunctions. To ensure compliance with an applicable nationwide preliminary injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, EEOC will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Any aspects of this Safety Plan related to the vaccination requirement pursuant to E.O. 14043 are not in effect and will not be implemented or enforced by the EEOC while the injunction is in place.

  1. The administrative leave will cover the time it takes to travel to the vaccination site, receive the vaccine dose, and return to work. If an employee needs to spend less time getting the vaccine dose, only the needed amount of administrative leave should be granted. Employees should obtain advance approval from their supervisor before using administrative leave for purposes of obtaining a COVID-19 vaccine dose.
  2. Employees may not be credited with administrative leave or overtime for time spent getting a vaccine dose outside their tour of duty.

All medical information collected from individuals, including vaccination information, test results, and any other information obtained as a result of testing or symptom monitoring, will be treated in accordance with applicable laws and policies on confidentiality and privacy, and will be accessible only to those with a need to know.Retention of employee information conforms with the confidentiality requirements of Section 501 of the Rehabilitation Act.

VI. Mask-Wearing

  1. Mask-Wearing When COVID-19 Community Level is HIGH. When the COVID-19 Community Level is HIGH in a county where an EEOC facility is located, pursuant to E.O. 13991 and consistent with CDC guidance, the EEOC requires individuals—including employees, contractors, and visitors—who are 2 years or older, to wear a high-quality mask indoors in the facility, regardless of their vaccination status. This includes when federal employees are interacting with members of the public as part of their official responsibilities.
  2. Optional Mask-Wearing When COVID-19 Community Level is LOW or MEDIUM. When the COVID-19 Community Level is LOW or MEDIUM in a county where an EEOC facility is located, in most settings, consistent with Task Force guidance, mask-wearing is optional, and the agency should not require individuals to wear a mask. If an EEOC staff member visits a facility that maintains different protocols, they may be required to wear a mask.
  3. Types of High-Quality Mask and Respirators. When COVID-19 Community Levels are HIGH, and for post-exposure and post-isolation precautions, individuals are required to wear a “high quality” mask or respirator. Consistent with Task Force guidance, high-quality masks or respirators include respirators that meet U.S. or international standards (e.g., N95, KN95, KF94), masks that meet a standard (e.g., ASTM), or “procedure” or “surgical”-style masks. If high-quality masks are not required, the EEOC will not limit the types of masks that can be worn by individuals in EEOC facilities. Nothing in CDC or Task Force guidance precludes an individual from wearing a mask if the individual so chooses when the COVID-19 Community Level is LOW or MEDIUM.

  1. Masks and respirators should be well-fitting and worn consistently and correctly (over mouth and nose).
  2. Masks or respirators should be worn in any common areas or shared workspaces (including open floorplan office space, cubicle embankments, and conference rooms).
  3. Individuals do not need to wear masks or respirators when outdoors.
  4. Limited exceptions to mask-wearing include, when an individual is alone in an office with floor to ceiling walls and a closed door or for a limited time when an individual is eating or drinking and maintaining distance from others.
  5. Masked individuals may be asked to lower their masks briefly for identification purposes in compliance with agency safety and security requirements.

VII. Screening Testing

Consistent with Task Force guidance, the EEOC will not implement COVID-19 serial or point-in-time screening testing.

VIII. Symptom Screening

  1. No Entry for Individuals with COVID-19 Symptoms or Suspected COVID-19. If an EEOC employee, contractor, or visitor, including service recipients, has a fever or chills, or if they have other new or unexplained symptoms consistent with COVID-19 such as new or unexplained onset of cough, shortness of breath, or difficulty breathing, new or unexplained loss of taste or smell, or new or unexplained muscle aches, they should not enter an EEOC workplace. If an individual suspects that they have COVID-19, but they do not have test results yet, they should not enter an EEOC workplace and should get tested for COVID-19 if they have not already done so.
  2. Symptom Screening Before Entering EEOC Facilities. Consistent with Task Force guidance, the EEOC requires that all employees and contractors working onsite at an agency workplace and all visitors, including service recipients, to EEOC facilities complete symptom screening before entering an EEOC facility. The EEOC will also require that all staff complete symptom screening prior to interacting with members of the public in person as part of their official responsibilities. Symptom screening can be self-conducted using the tool developed by the CDC and does not need to be verified by agency personnel.The EEOC will ensure that appropriate signage is posted at the entrances to EEOC office space.
  3. Developing COVID-19 Symptoms While Onsite. Any individual who develops fever, chills, or other new or unexplained symptoms consistent with COVID-19, or who tests positive for COVID-19, while onsite during the workday must immediately wear a high-quality mask or respirator (such as an N95), notify their supervisor, and promptly leave the workplace.

IX. Post-Exposure Precautions

  1. Instructions to ThoseKnown to Have Been Exposed. Consistent with CDC guidance on post-exposure precautions, the EEOC will instruct individuals who are known to have been exposed to someone with COVID-19, regardless of their vaccination status, to:
    1. Wear a high-quality mask or respirator (such as an N95) while indoors at an agency workplace or interacting with members of the public in person as part of their official responsibilities as soon as possible after notification of exposure and continue to do so for 10 full days from the date they were last known to have been exposed;
    2. Take extra precautions, such as avoiding crowding and physically distancing from others, when around people who are more likely to get very sick from COVID-19 while onsite at an agency workplace or interacting with members of the public in person as part of their official responsibilities, for 10 full days from the date they were last known to have been exposed; and
    3. Watch for COVID-19 symptoms for 10 full days from the date they were last known to have been exposed. For purposes of calculating the 10 full days, day 0 is the day of their last known exposure to someone with COVID-19, and day 1 is the first full day after their last known exposure.

    The interaction does not have to be direct physical contact. Nor is there a specified time for such interaction, any duration qualifies. General office contact and interaction is sufficient. This includes but is not limited to interaction in shared workspaces such as lunchrooms, break areas and common restrooms.

    However, an employee that is exclusively teleworking during a covered exposure period is not considered a "covered employee" under the ARPA. See FECA Bulletin 20-09.

    X. Isolation and Post Isolation Precautions

    1. Isolation for Individuals with Probable or Confirmed COVID-19. Any individual with probable or confirmed COVID-19 infection, regardless of their vaccination status, must not enter an EEOC facility or interact with members of the public in person as part of their official responsibilities, and should monitor their symptoms. This includes people who have an initial positive diagnostic viral test for COVID-19, regardless of whether they have symptoms, and people with symptoms of COVID-19, including people who are awaiting test results or have not been tested.
    2. Returning to Working Onsite After Isolation:
      1. Consistent with Task Force guidance, individuals who tested positive for COVID-19 and never developed symptoms may return to working onsite or interacting with members of the public as part of their official responsibilities after 5 full days following their positive COVID-19 test (day 0 being the day the individual was tested).
      2. Consistent with Task Force guidance, individuals who tested positive for COVID-19 and had symptoms may return to working onsite at an agency workplace or interacting with members of the public as part of their official responsibilities after 5 full days from the onset of symptoms (day 0 being the day of symptom onset), once they are fever-free for 24 hours without the use of fever-reducing medication and their other symptoms are improving. Note that loss of taste and smell may persist for weeks or months after recovery and need not delay the end of isolation.
      3. If an individual had moderate illness (if they experienced shortness of breath or had difficulty breathing) or severe illness (they were hospitalized) due to COVID-19, or they have a weakened immune system, then to be consistent with Task Force guidance, the individual must delay returning to working onsite or interacting with members of the public as part of their official responsibilities for a , days. If an individual had severe illness or has a weakened immune system, they should consult their healthcare provider before ending isolation. If an individual is unsure if their symptoms are moderate or severe or if they have a weakened immune system, the individual should consult a healthcare provider for further guidance.

      a) As it relates to mask-wearing after returning from isolation, individuals can opt to take two viral antigen tests authorized by the FDA to detect current COVID-19 infection, starting on day 6. With two sequential negative tests 48 hours apart, the individual may remove their mask sooner than day 10. If either of their antigen test results are positive, the individual should continue taking antigen tests at least 48 hours apart until they have two sequential negative results. This may mean that the individual would continue wearing a mask and testing beyond day 10.

      XI. Official Travel

      1. Instructions for Traveling Individuals. Per the Safer Federal Workforce, there are no longer any travel restrictions on domestic travel based on vaccination status, although agency travel policies still apply. The CDC recommends:
        1. Individuals are up to date with their COVID-19 vaccines before travel;
        2. Consider being tested for current infection with a viral test as close to the time of departure as possible (no more than 3 days) before travel;
        3. Adhere strictly to CDC guidance for domestic and, if traveling outside the United States, international travel before, during, and after official travel;
        4. Check the destination’s COVID-19 Community Level before traveling, and wear a high-quality mask or respirator (such as an N95) while on-duty and around others indoors at their destination, if the COVID-19 Community Level in the county where their destination is located is HIGH;
        5. Understand and follow all travel restrictions put in place by State, Tribal, local, and territorial governments; and
        6. Be flexible, as restrictions, policies, and circumstances may change during their travel.
        1. Wear a high-quality mask or respirator (such as an N95) the entire time they are on-duty and around others indoors for the full duration of their travel that falls within the period they are otherwise required to wear a high-quality mask or respirator after ending isolation, consistent with Task Force guidance;
        2. Not travel on public transportation such as airplanes, buses, and trains if they will not be able to wear a high-quality mask or respirator (such as an N95) when around others indoors for the full duration of their travel that falls within the period, they are otherwise required to wear a high-quality mask or respirator after ending isolation, consistent with Task Force guidance; and
        3. Follow other aspects of post-isolation protocols.

        If after official travel has been approved, the individual’s COVID-19 symptoms recur or worsen, then pursuant to E.O. 13991 and consistent with CDC guidance on isolation, the individual must not undertake further official travel, including any previously approved travel authorization, and not enter an EEOC facility or interact with members of the public as part of their official responsibilities, restarting at day 0 of isolation protocols.

        FAQs regarding official travel can be found on SaferFederalWorkforce.gov here.

        XII. Meetings, Events, and Conferences

        All in-person attendees at any meetings, conferences, or events hosted by EEOC must
        comply with relevant COVID-19 safety protocols, including as it relates to any mask-wearing when COVID-19 Community Levels are HIGH, pursuant to E.O. 13991 and consistent with CDC guidance.

        FAQs regarding meetings, events, and conferences can be found on SaferFederalWorkforce.gov here.

        XIII. Hygiene

        Hand sanitizer stations will be available at building entrances and throughout workspaces. Hand sanitizers should contain at least 60% alcohol and be manufactured in accordance with the requirements of the U.S. Food and Drug Administration (FDA). Ingredients should be listed on a “Drug Facts” label. EEOC will ensure the hand sanitizer is not on the FDA’s do not use list.

        XIV. Ventilation and Air Filtration

        Modifications to ventilation systems will be considered in accordance with CDC’s COVID-19 ventilation recommendations, especially as building population density increases. To the maximum extent feasible, indoor ventilation will be optimized to increase the proportion of outdoor air and improve filtration. Deployment of portable high-efficiency particulate air (HEPA) cleaners will be considered for higher-risk spaces (e.g., intake rooms).

        Where compliance with CDC ventilation and air filtration recommendations is not feasible in a particular office, the COVID-19 Coordination Team will evaluate mitigating measures.

        XV. Collective Bargaining Obligations

        Consistent with President Biden’s policy to support collective bargaining and EEOC’s commitment to working with its union, the EEOC will satisfy applicable collective bargaining obligations under 5 U.S.C. Chapter 71 when implementing this Safety Plan and any updates, including on a post-implementation basis where necessary. In addition, the EEOC communicates regularly with employee representatives on workplace safety matters.