EMPLOYMENT LAW REPORT

COVID-19

CDC Updates Mask Guidance for Fully-Vaccinated Individuals

Yesterday, in response to the spread of the delta variant, the CDC announced a revision to its masking guidance for fully-vaccinated individuals.  Specifically, fully-vaccinated individuals are encouraged to wear masks if they live in an area of “substantial” or “high” COVID-19 transmission.  The revised guidance is available here.

CDC Now Encourages Masking in Certain Areas

As we previously reported, in May 2021, the CDC announced that “fully vaccinated people no longer need to wear a mask or physically distance in any setting.”  The latest guidance walks back this message, and emphasizes that individuals may “choose” to wear a mask if they are in an area of “substantial” or “high” COVID-19 transmission:

CDC recommends that fully vaccinated people . . .

      • Wear a mask in public indoor settings if they are in an area of substantial or high transmission.
          • 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.

How do you know if you live in an area with “substantial” or “high” COVID-19 transmission?  The CDC has a county-by-county map that is available here.  Currently, only a few counties in northern and southwestern Minnesota have a “substantial” or “high” rate of transmission.  In the seven-county metro, only Scott County has a “substantial” level of spread.  But, as we have seen throughout this pandemic, this may change rapidly.

Other Recommendations for Fully-Vaccinated Individuals

The CDC also updated its recommendations for testing and isolation for fully-vaccinated individuals:

CDC recommends that fully vaccinated people . . .

      • Get tested if experiencing COVID-19 symptoms.
      • 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.
      • Follow any applicable federal, state, local, tribal, or territorial laws, rules, and regulations.

Of particular note, the CDC is now recommending that fully-vaccinated individuals get tested and wear a mask following a suspected or confirmed COVID-19 exposure.

Bottom Line

Keep these revised recommendations in mind as you start to bring employees back to the office.  Flexibility is important as the CDC’s guidance, as well as state and local guidance, will likely change depending on the continued spread of the delta variant.