U.S. Department of Justice
Justice Management Division
Washington, D.C. 20530
HEADS OF DEPARTMENT COMPONENTS AND UNITED STATES ATTORNEYS
Jolene A. Lauria
Acting Assistant Attorney General
for Administration
Updated COVID-19 Workplace Safety Protocols
August 19, 2022
To: From:
Subject:
On August 11, 2022, the Centers for Disease Control and Prevention (CDC) updated and streamlined its information and guidance on COVID-19 risk, prevention, post-exposure precautions, and actions to take when individuals are sick or test positive for COVID-19. In light of this new guidance, the Safer Federal Workforce Task Force (Task Force) has directed all executive branch agencies to immediately update certain workplace safety protocols at most worksites where the protocols have been based on an individual’s vaccination status.
Accordingly, the Department will implement the following changes in protocols, effective Monday, August 22, 2022 at all on-site workplaces other than detention facilities and other settings covered by specialized CDC guidelines1:
Pause Routine COVID-19 Screening for Unvaccinated Employees and On-Site Contractors. Components must stop conducting routine (e.g., point-in-time, weekly or bi- weekly) screening testing in locations (other than high-risk locations) where the COVID-19 Community Level is MEDIUM or HIGH for employees and on-site contractors who are not fully vaccinated.
If agencies have a need to continue screening testing because their employees work in a high-risk setting, they must consult with the Task Force prior to implementation of any exceptions to this guidance. Therefore, if components have such need for high-risk settings, they must first consult with JMD to enable us to consult with the Task Force.
1 This guidance supersedes any conflicting protocols contained the Department’s existing Workplace Safety Plan (February 11, 2022). JMD will update the Workplace Safety Plan as soon as possible after the Task Force issues its updated workplace safety principles.
Memorandum for Heads of Department Components and United States Attorneys Page 2 Subject: Updated COVID-19 Workplace Safety Protocol
Pause the Collection of COVID-19 Vaccine Information (i.e., Attestation/Certification forms and proof of negative COVID-19 test). In general, safety protocols will not vary based on vaccination status. Components may no longer request vaccination information from employees (including those in the process of on-boarding), on-site contractors and visitors, including attendees at Department-hosted meetings, events, and conferences. Components may no longer use the Certification of Vaccination form or request proof of a negative test in locations where the COVID-19 Community Level is MEDIUM or HIGH.
Components with site-specific needs to collect vaccination information must consult with JMD prior to implementation of any exception to this guidance.
Change Quarantine Protocols for Individuals Not Up To Date with COVID-19 Vaccines.
Employees and onsite contractors who are not up to date with COVID-19 vaccines and who have been exposed to COVID-19 are no longer prohibited from entering DOJ facilities or interacting with members of the public for 5 days after exposure. All employees and onsite contractors, regardless of vaccination status, who have been exposed to COVID-19, must follow the same post-exposure protocols in line with previous post-exposure guidance for individuals who are up to date with their COVID-19 vaccines.2
A Negative COVID-19 Test is Not Required to Exit Isolation. Employees and on-site contractors may return to the workplace after 5 days of isolation, as long as their symptoms are improving and they have been fever-free for at least 24 hours without fever reducing medication. Individuals are not required to receive a negative COVID-19 test to return to the worksite. However, the individual must wear a high-quality mask until 10 days have passed since their symptoms began (or, if asymptomatic, the date of their positive test) and avoid being unmasked around others or being around people who are high risk for severe disease from COVID-19. Individuals may choose to take two viral antigen COVID-19 tests 48 hours apart starting on day 6. If any test is positive, the individual should continue testing every 48 hours apart. When they receive two sequential negative tests, they may remove their mask. This may mean the individual may continue masking and testing beyond day 10.
Physical Distancing is No Longer Required. No individual is required to physically distance, regardless of vaccination status. When COVID-19 Community Levels are MEDIUM or HIGH, individuals should consider avoiding crowding and physically distancing themselves from others in indoor common areas, meeting rooms, and high-risk settings in DOJ facilities.
No Restrictions on Holding or Attending Meetings, Events and Conferences. Components no longer need to seek approval from the AAGA to host a meeting, event, and conference where the COVID-19 Community Level is HIGH, regardless of the number of expected attendees. Furthermore, individuals who are not fully vaccinated do no need to request approval from the head of their component or United States Attorney to attend an event with over 50 attendees.
2 Post-exposure protocols for employees who are up to date with vaccines are detailed in the Department’s existing Workplace Safety Plan. They require additional safety precautions for 10 days after exposure, including wearing a high- quality mask or respirator and physically distancing from people who are more likely to get very sick from COVID-19. Individuals must take a COVID-19 test at least 5 days after the last exposure. Please also refer to the CDC guidance, which may be accessed via the links provided at the end of this memorandum. NOTE: to the extent other protocols discussed in this memo conflict with the Workplace Safety Plan, the updated protocols in this memo should be followed.
Memorandum for Heads of Department Components and United States Attorneys Page 3 Subject: Updated COVID-19 Workplace Safety Protocol
New Mask Requirements. If an individual is required to mask because of a COVID-19 exposure, because they exited isolation, or because their workplace is in a county where the COVID-19 Community Level is HIGH, they must wear a high quality mask or respirator (e.g., NIOSH approved respirator, well-fitting KN95, or surgical mask)- not a cloth mask.
Signage in Department-managed and leased buildings will be updated as soon as possible to reflect these new protocols. As before, components must continue to monitor COVID-19 Community Levels and, continue to require mask-wearing for all individuals in Federal facilities when COVID-19 Community Levels are HIGH.
Finally, a couple of reminders:
Components must satisfy all applicable collective bargaining obligations when implementing the new protocols, including reviewing and amending existing collective bargaining agreements as may be necessary to reflect this updated guidance. Components and employees must comply with any additional pandemic-related requirements imposed by a locality that are more protective than those in Task Force guidance.
These new protocols will be reflected in the Department’s Workplace Reentry FAQs on the DOJ Intranet. Updated guidance regarding protocols for domestic and international travel will be posted following issuance of updated Task Force guidance (expected in the near future). Until then, components and employees must follow existing Task Force and CDC guidance relating to travel.
For your convenience and information here are links to updated CDC and Task Force guidance:
Task Force:
Initial Implementation Guidance_CDC Streamline_20220817.pdf (saferfederalworkforce.gov)
COVID-19 Community Levels_Guidance for Federal Agencies_20220817.pdf (saferfederalworkforce.gov)
Updated FAQs_compliance_injunction_EO 14043_20220817.pdf (saferfederalworkforce.gov)
CDC:
Understanding COVID-19 Exposure Risk
Factors that Affect Your Risk of Getting Very Sick from COVID-19 How to Protect Yourself and Others
What to Do If You Were Exposed to COVID-19
Isolation and Precautions for People with COVID-19
COVID-19 Community Levels
Thank you for your continued flexibility as we navigate this changing landscape. And thank you, as always, for your dedication to the Department’s mission. If you have any questions, please send them to JMD.COVID19@usdoj.gov and we will respond promptly.