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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations
k Ventilation. 1 Employers who own or control buildings or structures with an existing heating, ventilation, and air conditioning HVAC systems must ensure that:
i The HVAC systems is used in accordance with the HVAC
manufacturers instructions and the design specifications of the HVAC
systems;
ii The amount of outside air circulated through its HVAC systems and the number of air changes per hour are maximized to the extent appropriate;
iii All air filters are rated Minimum Efficiency Reporting Value MERV 13
or higher, if compatible with the HVAC
systems. If MERV13 or higher filters are not compatible with the HVAC
systems, employers must use filters with the highest compatible filtering efficiency for the HVAC systems;
iv All air filters are maintained and replaced as necessary to ensure the proper function and performance of the HVAC systems; and v All intake ports that provide outside air to the HVAC systems are cleaned, maintained, and cleared of any debris that may affect the function and performance of the HVAC systems.
2 Where the employer has an existing AIIR, the employer must maintain and operate it in accordance with its design and construction criteria.
Note 1 to paragraph k. This section does not require installation of new HVAC
systems or AIIRs to replace or augment functioning systems.

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Note 2 to paragraph k. In addition to the requirements for existing HVAC systems and AIIRs, all employers should also consider other measures to improve ventilation in accordance with CDCs Ventilation Guidance, available at www.cdc.gov/
coronavirus/2019-ncov/community/
ventilation.html e.g., opening windows and doors. This could include maximizing ventilation in buildings without HVAC
systems or in vehicles.

l Health screening and medical management1 Screening. i The employer must screen each employee before each work day and each shift.
Screening may be conducted by asking employees to self-monitor before reporting to work or may be conducted in-person by the employer.
ii If a COVID19 test is required by the employer for screening purposes, the employer must provide the test to each employee at no cost to the employee.
2 Employee notification to employer of COVID19 illness or symptoms. The employer must require each employee to promptly notify the employer when the employee:

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i Is COVID19 positive i.e., confirmed positive test for, or has been diagnosed by a licensed healthcare provider with, COVID19; or ii Has been told by a licensed healthcare provider that they are suspected to have COVID19; or iii Is experiencing recent loss of taste and/or smell with no other explanation;
or iv Is experiencing both fever 100.4
F and new unexplained cough associated with shortness of breath.
3 Employer notification to employees of COVID19 exposure in the workplace.
i Except as provided for in paragraph l3iii of this section, when the employer is notified that a person who has been in the workplaces including employees, clients, patients, residents, vendors, contractors, customers, delivery people and other visitors, or other non-employees is COVID19 positive, the employer must, within 24 hours:
A Notify each employee who was not wearing a respirator and any other required PPE and has been in close contact with that person in the workplace. The notification must state the fact that the employee was in close contact with someone with COVID19
along with the dates that contact occurred.
B Notify all other employees who were not wearing a respirator and any other required PPE and worked in a well-defined portion of a workplace e.g., a particular floor in which that person was present during the potential transmission period. The potential transmission period runs from 2 days before the person felt sick or, for asymptomatic people, 2 days prior to test specimen collection until the time the person is isolated. The notification must specify the dates the person with COVID19 was in the workplace during the potential transmission period.
C Notify other employers whose employees were not wearing respirators and any other required PPE and have been in close contact with that person, or worked in a well-defined portion of a workplace e.g., a particular floor in which that person was present, during the potential transmission period. The potential transmission period runs from 2 days before the person felt sick or, for asymptomatic people, 2 days prior to test specimen collection until the time the person is isolated. The notification must specify the dates the person with COVID19 was in the workplace during the potential transmission period and the locations where the person with COVID19 was in the workplace.

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ii The notifications required by paragraph l3i of this section must not include any employees name, contact information e.g., phone number, email address, or occupation.
iii The notification provisions are not triggered by the presence of a patient with confirmed COVID19 in a workplace where services are normally provided to suspected or confirmed COVID19 patients e.g., emergency rooms, urgent care facilities, COVID19
testing sites, COVID19 wards in hospitals.
4 Medical removal from the workplace. i If the employer knows an employee meets the criteria listed in paragraph l2i of this section, then the employer must immediately remove that employee and keep the employee removed until they meet the return to work criteria in paragraph l6 of this section.
ii If the employer knows an employee meets the criteria listed in paragraphs l2ii through iv of this section, then the employer must immediately remove that employee and either:
A Keep the employee removed until they meet the return to work criteria in paragraph l6 of this section; or B Keep the employee removed and provide a COVID19 polymerase chain reaction PCR test at no cost to the employee.
1 If the test results are negative, the employee may return to work immediately.
2 If the test results are positive, the employer must comply with paragraph l4i of this section.
3 If the employee refuses to take the test, the employer must continue to keep the employee removed from the workplace consistent with paragraph l4iiA of this section, but the employer is not obligated to provide medical removal protection benefits in accordance with paragraph l5iii of this section. Absent undue hardship, employers must make reasonable accommodations for employees who cannot take the test for religious or disability-related medical reasons.
Note to paragraph l4ii. This partial symptom list in paragraphs l2iii and l2iv of this section informs the employer of the minimum requirements for compliance. The full list of COVID19
symptoms provided by CDC includes additional symptoms not listed in paragraphs l2iii through iv of this section.
Employers may choose to remove or test employees with additional symptoms from the CDC list, or refer the employees to a healthcare provider.

iiiA If the employer is required to notify the employee of close contact in
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