Agencies Tasked to Develop COVID-19 Testing Programs for Unvaccinated Employees
On January 11, 2022, the Safer Federal Workforce Task Force issued new and updated guidance regarding COVID-19 testing and vaccinations.
In terms of testing guidance, the Taskforce clarified the distinction between diagnostic testing (reason to suspect infection) and screening testing (identifying infection in an asymptomatic individual or one with unknown exposure).
The Task Force guidance says agencies should establish a COVID-19 screening testing program for unvaccinated employees by February 15, 2022. Unvaccinated employees should be tested during the weeks they are onsite or interact in person with members of the public. Agencies can adjust this frequency based on job duties.
Any viral test approved by the Food and Drug Administration (FDA) may be used for screening testing programs to detect current infections. It is recommended that agencies consult FDA guidance for specific authorized tests impacted by COVID-19 variants and the status of recommended usage.
Agencies are responsible for paying for the costs associated with screening tests for Federal employees from their existing budgets.
Unless otherwise required by the agency's screening testing program and workplace safety protocols, federal employees and contractors participating in an agency's screening testing program do not need to provide the results of a negative test whenever they enter or are present in an agency's facilities. Federal employees and contractors visiting other agencies' work sites will generally be treated as visitors and required to follow existing visitor protocols, such as providing proof of a negative COVID-19 test result administered within the last three days if the employee is not fully vaccinated or chooses not to provide the host agency with their vaccination information.
The testing requirements do not apply to employees who work from home or who do not interact in person with the public during a particular week as part of their duties. If these employees need to visit one of their agency's facilities, they should be tested before they arrive. The employees must provide proof that they have taken a negative COVID-19 test within the last three days if they are required to work at another agency's facility.
Employees exposed to COVID-19 at work should receive diagnostic testing at no personal cost. In accordance with agency travel policies, diagnostic testing for current infection with SARS-CoV-2, which is required for official travel and not available through a Federal dispensary or not covered (or reimbursed) by travel insurance, can be claimed as a Miscellaneous Expense in a travel voucher.
In accordance with Occupational Safety and Health Administration (OSHA) recordkeeping requirements, employees who test positive for COVID-19 should document the case on the OSHA Illness and Injury Log. However, it is up to the agencies to develop their own processes to document COVID-19 test results in accordance with all applicable laws and their records management policies.
A refusal to take a required test or provide results of the test may result in disciplinary measures. These measures may include the potential exclusion of the employee from the workplace for the safety of others until the disciplinary or other action is resolved. The onsite security authority, the human resources office, and the legal counsel of the agency should be involved in a decision to bar the employee. The agency must also follow normal procedures for providing the required notice when pursuing an adverse action.
The Taskforce also addressed workplace safety protocols for Federal employees who are unvaccinated or for those who have not received the full dosage of a COVID-19 vaccine. If awaiting approval for an exception or extension to the COVID-19 vaccination requirement for federal employees, employees are advised to follow applicable masking, physical distancing, and testing protocols, and travel guidelines.
As a result of legal exceptions or extensions, an agency may deem that an employee's job responsibilities require heightened safety protocols. It may be the case that the nature of the employee's job makes vaccination the only appropriate safety protocol. If this is the case, the agency may deny the accommodation request.