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Last week we wrote about the trends of government agencies to “turn around” in guidance related to preventing the transmission and spread of coronavirus (“COVID-19”), and how this affects employers’ ability to comply. with the expectations of compliance with health and safety obligations and avoid regulatory responsibility. To underscore these points, on Monday, the US Centers for Disease Control and Prevention (“CDC”) implemented another massive change in its position on COVID-19 transmission, one it had previously published, then deleted and now posted again. The avalanche of changing information continues.
While the CDC maintains that “the primary way in which people become infected with SARS-CoV-2 (the virus that causes COVID-19) is through exposure to respiratory droplets that carry infectious viruses,” the concept of The agency’s “respiratory droplets” have by now evolved to include both “larger droplets” and “smaller droplets and particles.” The new CDC guidance, updated Oct. 5, also notes that COVID-19 spreads easily, by close contact with respiratory droplets made up of large and small droplets, as well as droplets the size of smaller particles. In a departure from its previous guidance, the CDC notes that some virus particles can also be spread by airborne transmission as a result of tiny droplets and particles that can “stay in the air for minutes or hours” and be transmitted over distances and periods of time. longer. (for example, ability to infect people more than 6 feet away from the infected person). In some circumstances, people can also become infected by airborne transmission after the infected person has already left the area.
According to the new CDC guidance, airborne transmission of COVID-19 can occur under “special circumstances and conditions,” but airborne transmission is not believed to be an effective mechanism for spreading the disease. Circumstances in which airborne transmission of COVID-19 has been observed include closed spaces in which an infected person produced respiratory droplets for an extended period of time, such as when the infected person is breathing heavily. Other circumstances in which airborne transmission has been observed include prolonged exposure in a poorly ventilated area or after expiratory effort (eg, exercise). In other words, the CDC sees airborne transmission of COVID-19 as a possibility, but sees it as an ineffective mechanism for the spread of the disease. Additionally, the CDC considers that the primary mode of transmission remains close contact with an infected person (i.e., direct contact within 6 feet). As a result, the CDC maintains that current preventative measures for close contact are the most effective in preventing the spread of disease, including 6-foot social distancing, frequent hand washing, the use of cloth face coverings or masks, isolation when sick and cleaning and disinfecting surfaces that are frequently touched or potentially contaminated. However, despite the CDC’s continued emphasis on cleaning and disinfection measures as a preventive measure, the CDC also notes that “touching surfaces is not believed to be a common way of spreading COVID-19.” (Remember that early in the pandemic employers were encouraged to engage in rigorous supplemental cleaning and disinfection protocols, before we knew that fomite transmission was not common.) “Avoid crowded indoor spaces and make sure indoor spaces are adequately ventilated by bringing in outside air as much as possible.” Additionally, the CDC emphasizes the importance of having effective ventilation in enclosed spaces to prevent and minimize the potential for transmission of COVID-19.
Employers should take this guide and compare it to their current COVID-19 response plans and procedures. Most notably, the new airborne guidance has the potential to affect design, ventilation, barrier protection, and perhaps even require employers to review their virtual work policies. In particular, while the distance from employee workstations by six feet remains important, depending on the design and ventilation of the workspace, additional measures may be needed to reduce the potential for transmission of COVID-19. . Employers should also evaluate their ventilation system and make sure it follows guidelines from ASHRAE (formerly known as the American Society of Heating, Refrigerating, and Air Conditioning Engineers), the U.S. Environmental Protection Agency, and other professional organizations and government regulations on ventilation and air filtration designs to help reduce risks from the virus that causes COVID-19 (Beware of snake oil vendors, however: there are many supposedly “protective” vents that are sold to the unsuspecting consumer at extremely high cost, despite not providing added value. For example, bipolar ionization is often touted as a selling point for new HVAC systems, but often the cleaning and sanitizing claims of these systems cannot be verified through efficacy performance data).
To be clear, the evolution of the scientific understanding of this virus is inevitable and good, as epidemiologists, healthcare professionals, and scientists work rapidly to extrapolate new data findings. Furthermore, public health directives will inevitably change along with that understanding, also a social good. What is NOT good, however, is exposure of employers to potential government enforcement action in a rapidly changing and in some cases contradictory guidance environment. As we noted last week, OSHA generally does not regulate or enforce colds, flu, and other common infectious diseases because these are predominantly public health concerns and are not unique to occupational exposure or are under the direct control of an employer. . The latest change to the CDC guidance, which continues to clarify that COVID-19 is a highly infectious disease that is new and still poorly understood, simply underscores why COVID-19 should be treated as a public health issue.
