On July 27, 2021, the U.S. Center for Disease Control (“CDC”) issued updated COVID-19 guidance given new evidence on the B.1.617.2 (Delta) variant currently circulating in the United States.  The CDC now recommends that fully vaccinated people wear a mask in public indoor settings if they are in an area of substantial or high transmission. The CDC will monitor transmission levels and update its website daily with the data by county.

In addition, fully vaccinated people might choose to mask regardless of the level of transmission, particularly if they or someone in their household is immunocompromised or at increased risk for severe disease, or if someone in their household is unvaccinated. People who are at increased risk for severe disease include older adults and those who have certain medical conditions, such as diabetes, overweight or obesity, and heart conditions.

The CDC points out that infections happen in only a small proportion of people who are fully vaccinated, even with the Delta variant. However, preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others. To reduce their risk of becoming infected with the Delta variant and potentially spreading it to others, the CDC recommends that fully vaccinated people:

• Get tested if experiencing COVID-19 symptoms (the prior CDC guidance indicated that fully vaccinated individuals did not need to get tested after a known exposure to COVID-19 as long as they remained asymptomatic).
• Get tested 3-5 days following a known exposure to someone with suspected or confirmed COVID-19 and wear a mask in public indoor settings for 14 days after exposure or until a negative test result.
• Isolate if they have tested positive for COVID-19 in the prior 10 days or are experiencing COVID-19 symptoms. 

It is important to note that the CDC’s guidance is advisory in nature and not mandatory.  However, state and local governments may adopt new rules based on the guidance and the Occupational Safety and Health Administration (“OSHA”) may also revisit its June 2021 guidance for employers in non-healthcare settings, which was issued in response to the CDC’s prior guidance for fully vaccinated individuals.

As of now, New York State’s Implementing CDC Guidance (effective May 19, 2021) is still in effect, which, among other things, permits businesses to:

• Allow fully vaccinated employees and/or patrons to be maskless inside or not be socially distanced, but
• Require unvaccinated employees and/or patrons to continue to wear masks and be socially distanced.

Employers should continue to keep abreast of the ever-changing laws and guidance applicable to their workplaces, especially as businesses have begun to call employees back to the office.  Employers should also consider updating their return to work and safety plans, policies, and procedures to reflect the CDC’s updated guidance.  Protocols regarding COVID-19 testing and isolation may also need to be revised.  We will continue to monitor developments and any changes to any guidance and/or local rules.  Should you need assistance in updating or implementing your return to work plans and policies, please contact ALG.