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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations
practices as they apply to the workplace and employee job operations. The identity of the safety coordinators must be documented in any written COVID19 plan. The safety coordinators must have the authority to ensure compliance with all aspects of the COVID19 plan.
4i The employer must conduct a workplace-specific hazard assessment to identify potential workplace hazards related to COVID19.
ii In order for an employer to be exempt from providing controls in a well-defined area under paragraph a4
of this section based on employees fully vaccinated status, the COVID19 plan must include policies and procedures to determine employees vaccination status.
5 The employer must seek the input and involvement of non-managerial employees and their representatives, if any, in the hazard assessment and the development and implementation of the COVID19 plan.
6 The employer must monitor each workplace to ensure the ongoing effectiveness of the COVID19 plan and update it as needed.
7 The COVID19 plan must address the hazards identified by the assessment required by paragraph c4 of this section, and include policies and procedures to:
i Minimize the risk of transmission of COVID19 for each employee, as required by paragraphs d through n of this section;

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Note to paragraph c7i. Although the employers COVID19 plan must account for the potential COVID19 exposures to each employee, the plan can do so generally and need not address each employee individually.

ii Effectively communicate and coordinate with other employers:
A When employees of different employers share the same physical location, each employer must effectively communicate its COVID19 plan to all other employers, coordinate to ensure that each of its employees is protected as required by this section, and adjust its COVID19 plan to address any particular COVID19 hazards presented by the other employees. This requirement does not apply to delivery people, messengers, and other employees who only enter a workplace briefly to drop off or pick up items.
B An employer with one or more employees working in a physical location controlled by another employer must notify the controlling employer when those employees are exposed to conditions at that location that do not meet the requirements of this section;
and
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iii Protect employees who in the course of their employment enter into private residences or other physical locations controlled by a person not covered by the OSH Act e.g., homeowners, sole proprietors. This must include procedures for employee withdrawal from that location if those protections are inadequate.
Note to paragraph c. The employer may include other policies, procedures, or information necessary to comply with any applicable federal, state, or local public health laws, standards, and guidelines in their COVID19 plan.

d Patient screening and management. In settings where direct patient care is provided, the employer must:
1 Limit and monitor points of entry to the setting. This provision does not apply where emergency responders or other licensed healthcare providers enter a non-healthcare setting to provide healthcare services.
2 Screen and triage all clients, patients, residents, delivery people and other visitors, and other non-employees entering the setting.
3 Implement other applicable patient management strategies in accordance with CDCs COVID19
Infection Prevention and Control Recommendations incorporated by reference, 1910.509.
Note to paragraph d. The employer is encouraged to use telehealth services where available and appropriate in order to limit the number of people entering the workplace.

e Standard and Transmission-Based Precautions. Employers must develop and implement policies and procedures to adhere to Standard and Transmission-Based Precautions in accordance with CDCs Guidelines for Isolation Precautions incorporated by reference, 1910.509.
f Personal protective equipment PPE1 Facemasks. i Employers must provide, and ensure that employees wear, facemasks that meet the definition in paragraph b of this section; and ii The employer must ensure a facemask is worn by each employee over the nose and mouth when indoors and when occupying a vehicle with other people for work purposes. The employer must provide a sufficient number of facemasks to each employee to comply with this paragraph and must ensure that each employee changes them at least once per day, whenever they are soiled or damaged, and more frequently as necessary e.g., patient care reasons.

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iii The following are exceptions to the requirements for facemasks in paragraph f1ii of this section:
A When an employee is alone in a room.
B While an employee is eating and drinking at the workplace, provided each employee is at least 6 feet away from any other person, or separated from other people by a physical barrier.
C When employees are wearing respiratory protection in accordance with 1910.134 or paragraph f of this section.
D When it is important to see a persons mouth e.g., communicating with an individual who is deaf or hard of hearing and the conditions do not permit a facemask that is constructed of clear plastic or includes a clear plastic window. In such situations, the employer must ensure that each employee wears an alternative to protect the employee, such as a face shield, if the conditions permit it.
E When employees cannot wear facemasks due to a medical necessity, medical condition, or disability as defined in the Americans with Disabilities Act 42 U.S.C. 12101 et seq., or due to a religious belief.
Exceptions must be provided for a narrow subset of persons with a disability who cannot wear a facemask or cannot safely wear a facemask, because of the disability, as defined in the Americans with Disabilities Act 42
U.S.C. 12101 et seq., including a person who cannot independently remove the facemask. The remaining portion of the subset who cannot wear a facemask may be exempted on a case-by-case basis as required by the Americans with Disabilities Act and other applicable laws. In all such situations, the employer must ensure that any such employee wears a face shield for the protection of the employee, if their condition or disability permits it.
Accommodations may also need to be made for religious beliefs consistent with Title VII of the Civil Rights Act.
F When the employer can demonstrate that the use of a facemask presents a hazard to an employee of serious injury or death e.g., arc flash, heat stress, interfering with the safe operation of equipment. In such situations, the employer must ensure that each employee wears an alternative to protect the employee, such as a face shield, if the conditions permit it. Any employee not wearing a facemask must remain at least 6 feet away from all other people unless the employer can demonstrate it is not feasible. The employee must resume wearing a facemask when not engaged in the
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