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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations the workplace to a person who is COVID19 positive in accordance with paragraph l3iA of this section, then the employer must immediately remove that employee and either:
1 Keep the employee removed for 14
days; or 2 Keep the employee removed and provide a COVID19 test at least five days after the exposure at no cost to the employee.
i If the test results are negative, the employee may return to work after seven days following exposure.
ii If the test results are positive, the employer must comply with paragraph l4i of this section.
iii If the employee refuses to take the test, the employer must continue to keep the employee removed from the workplace consistent with paragraph l4iiiA1 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, consistent with applicable nondiscrimination laws.
B Employers are not required to remove any employee who would otherwise be required to be removed under paragraph i4iiiA of this section if the employee does not experience the symptoms in paragraph l2iii or iv of this section and has:
1 Been fully vaccinated against COVID19 i.e., 2 weeks or more following the final dose; or 2 Had COVID19 and recovered within the past 3 months.
iv Any time an employee is required to be removed from the workplace for any reason under paragraph l4 of this section, the employer may require the employee to work remotely or in isolation if suitable work is available.
5 Medical removal protection benefits. i Employers with 10 or fewer employees on the effective date of this section are not required to comply with paragraphs l5iii through iv of this section.
ii When an employer allows an employee to work remotely or in isolation in accordance with paragraph l4iv of this section, the employer must continue to pay the employee the same regular pay and benefits the employee would have received had the employee not been absent from work, until the employee meets the return to work criteria specified in paragraph l4iii or l6 of this section.

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iii When an employer removes an employee in accordance with paragraph l4 of this section:
A The employer must continue to provide the benefits to which the employee is normally entitled and must also pay the employee the same regular pay the employee would have received had the employee not been absent from work, up to $1,400 per week, until the employee meets the return to work criteria specified in paragraph l4iii or l6 of this section.
B For employers with fewer than 500 employees, the employer must pay the employee up to the $1,400 per week cap but, beginning in the third week of an employees removal, the amount is reduced to only two-thirds of the same regular pay the employee would have received had the employee not been absent from work, up to $200 per day $1,000 per week in most cases.
iv The employers payment obligation under paragraph l5iii of this section is reduced by the amount of compensation that the employee receives from any other source, such as a publicly or employer-funded compensation program e.g., paid sick leave, administrative leave, for earnings lost during the period of removal or any additional source of income the employee receives that is made possible by virtue of the employees removal.
v Whenever an employee returns to the workplace after a COVID19-related workplace removal, that employee must not suffer any adverse action as a result of that removal from the workplace and must maintain all employee rights and benefits, including the employees right to their former job status, as if the employee had not been removed.
6 Return to work. The employer must make decisions regarding an employees return to work after a COVID19-related workplace removal in accordance with guidance from a licensed healthcare provider or CDCs Isolation Guidance incorporated by reference, 1910.509; and CDCs Return to Work Healthcare Guidance incorporated by reference, 1910.509.
Note to paragraph l. OSHA recognizes that CDCs Strategies to Mitigate Healthcare Personnel Staffing Shortages available at www.cdc.gov/coronavirus/2019-ncov/hcp/
mitigating-staff-shortages.html allows elimination of quarantine for certain healthcare workers, but only as a last resort, if the workers absence would mean there are no longer enough staff to provide safe patient care, specific other amelioration strategies have already been tried, patients have been notified, and workers are utilizing additional PPE at all times.

m Vaccination. The employer must support COVID19 vaccination for each
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employee by providing reasonable time and paid leave e.g., paid sick leave, administrative leave to each employee for vaccination and any side effects experienced following vaccination.
n Training. 1 The employer must ensure that each employee receives training, in a language and at a literacy level the employee understands, and so that the employee comprehends at least the following:
i COVID19, including how the disease is transmitted including presymptomatic and asymptomatic transmission, the importance of hand hygiene to reduce the risk of spreading COVID19 infections, ways to reduce the risk of spreading COVID19 through the proper covering of the nose and mouth, the signs and symptoms of the disease, risk factors for severe illness, and when to seek medical attention;
ii Employer-specific policies and procedures on patient screening and management;
iii Tasks and situations in the workplace that could result in COVID
19 infection;
iv Workplace-specific policies and procedures to prevent the spread of COVID19 that are applicable to the employees duties e.g., policies on Standard and Transmission-Based Precautions, physical distancing, physical barriers, ventilation, aerosolgenerating procedures;
v Employer-specific multi-employer workplace agreements related to infection control policies and procedures, the use of common areas, and the use of shared equipment that affect employees at the workplace;
vi Employer-specific policies and procedures for PPE worn to comply with this section, including:
A When PPE is required for protection against COVID19;
B Limitations of PPE for protection against COVID19;
C How to properly put on, wear, and take off PPE;
D How to properly care for, store, clean, maintain, and dispose of PPE;
and E Any modifications to donning, doffing, cleaning, storage, maintenance, and disposal procedures needed to address COVID19 when PPE is worn to address workplace hazards other than COVID19;
vii Workplace-specific policies and procedures for cleaning and disinfection;
viii Employer-specific policies and procedures on health screening and medical management;
ix Available sick leave policies, any COVID19-related benefits to which the employee may be entitled under
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