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CDC, EEOC updates keep HR pros, employers on guard

December 2020 employment law letter
Authors: 
Jennifer D. Sims, The Kullman Firm

The year 2020 has batted a thousand in terms of keeping HR pros and employment lawyers on their toes. The U.S. Centers for Disease Control and Prevention (CDC) has been at the forefront of the efforts. Though certainly less dynamic than the second and third quarters of the year, the last quarter is doing its best to keep up, with the CDC and the Equal Employment Opportunity Commission (EEOC) keeping us engaged. Let’s check out recent actions that could affect employers.

CDC issues new guidance on ‘close contact’

Near the end of October, the CDC issued guidance expanding the definition of “close contact” as it relates to COVID-19 exposure. Previously, a close contact occurred when a person was within six feet of an individual infected with the virus for 15 or more minutes.

Now, “close contact” is used to refer to someone “who was within six feet of an infected person for a cumulative total of [15] minutes or more over a [24]-hour period starting from two days before illness onset . . . until the time the patient is isolated.” It isn’t dependent on whether either individual was wearing respiratory personal protective equipment (PPE).

To ensure compliance with the Occupational Safety and Health Act (OSH Act), employers are encouraged to (1) analyze the new definition to determine how it may affect safety and health compliance in their workplaces and (2) implement appropriate changes to their company COVID-19 protocols.

EEOC proposes new regulation on conciliation

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