HHS COVID-19 Workplace Safety Plan and Implementation Guidance

The purpose of this document is to provide implementation guidance for the U.S. Department of Health and Human Services’ (HHS) Workplace Safety Plan. This implementation guidance applies HHS-wide to all Operating and Staff Divisions (Divisions) and puts the health and safety of all Federal employees, on-site contractor employees, visitors, and their families at the center. This plan takes a safe, iterative, science-driven approach and replaces previously published guidance from September 2022. This document follows Safer Federal Workforce Task Force (Task Force) guidance (updated May 2023), Office of Management and Budget (OMB) Memorandum M-21-25 (issued June 10, 2021), as well as the earlier OMB Memorandum M-21-15 (issued January 24, 2021), and Occupational Safety and Health Administration (OSHA) guidance on protecting workers, as well as additional recommendations and guidance from the Safer Federal Workforce Task Force.

2. Background

On January 20, 2021, President Biden issued an Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991).

On January 24, 2021, OMB issued guidance to agencies, Memorandum M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles, following the release of E.O. 13991. In accordance with E.O. 13991 and Memorandum 21-15, HHS issued its COVID-19 Workplace Safety Plan and Implementation Guidance.

On January 29, 2021, OSHA issued Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace and subsequently updated this guidance on June 10, 2021, and August 13, 2021.

On July 29, 2021, the Safer Federal Workforce Task Force (“Task Force”) issued updates to COVID-19 Workplace Safety: Agency Model Safety Principles.

On September 9, 2021, President Biden issued Executive Orders on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees and on Ensuring Adequate COVID Safety Protocols for Federal Contractors (E.O. 14043 and E.O. 14042 respectively). In implementing Executive Order 14042, HHS will comply with all relevant court orders and OMB and Task Force guidance.

On September 15, 2022, the Task Force again issued updated Model Agency COVID-19 Safety Principles. The Task Force also regularly provides additional guidance on agency COVID-19 workplace safety protocols, including through various new and updated FAQs.

On April 10, 2023, the President signed H.J. Resolution 7, which terminated the national emergency related to COVID-19. Shortly thereafter, on May 9, 2023, an executive order was signed revoking E.O. 14042 and 14043, which covered COVID vaccination requirements for federal employees and contractors. Following these two actions, the SFWF updated its’ guidance to federal agencies, which is reflected in this plan.

Pursuant to E.O. 13991 and OMB Memoranda M-21-15, and subsequent Task Force guidance, HHS issues this updated HHS COVID-19 Workplace Safety Plan and Implementation Guidance, which rescinds and supersedes the previously issued version of December, 2022.

3. Updated Actions

I. HHS actions to date include:

  1. Following Task Force recommendations. The Task Force comprises the White House COVID-19 Response Team, OMB, the General Services Administration (GSA), the Office of Personnel Management (OPM), the Centers for Disease Control and Prevention (CDC), the Department of Veterans Affairs (VA), the Federal Emergency Management Agency (FEMA), the Federal Protective Service (FPS), and the United States Secret Service (USSS).
  2. Review of OMB Memoranda M-21-15 and M-21-25.
  3. Designation of the Office of the Assistant Secretary for Administration (ASA) as the lead for the HHS Return to Workplace Initiative, and coordination of COVID-19 workplace safety principles, protocols, and policies, for all HHS employees, on-site contractor employees, and visitors at HHS facilities and at HHS-occupied space.
  4. Establishment of a Return to Workplace (RTWP) Task Force (equivalent to the COVID Coordination Team) composed of HHS Divisions’ Chief Operating Officers and Executive Officers, the Office of Human Resources (OHR), National Labor & Employee Relations Office (LR), the Program Support Center (PSC), the Office of the Chief Information Officer (OCIO), Executive Leadership from the Immediate Office of the Secretary (IOS) or designated representatives, the Office of the General Counsel (OGC), a CDC Public Health expert, the Office of the Assistant Secretary for Public Affairs (ASPA), Office of the Assistant Secretary for Financial Resources (ASFR), and other appropriate representatives.

II. Pursuant to Safer Federal Workforce Task Force, OMB, OPM, and GSA guidance, HHS will take the following actions:

  1. Continue to update this plan/implementation guidance when necessary.
  2. Communicate this plan/implementation guidance to HHS Divisions to inform HHS employees, on-site contractor employees, and visitors at HHS facilities and at HHS-occupied space of current and upcoming policy changes.

4. Workplace Health and Safety Principles

Workplace health and safety at HHS involves all employees at the individual level and multiple stakeholders, including leadership from all HHS Divisions’ Facility Security Committees and Designated Officials (in the case of multiple federal Agency involvement), building facility managers, HHS policy authorities, medical officers, public health experts, and ASA staff. The principles presented here are in alignment with the latest guidance from the Safer Federal Workforce Task Force, CDC, and OSHA, and implement public health best practices for HHS workplaces based on our evolving understanding of COVID-19 mitigation measures. Principles will be reassessed and updated over time, as conditions warrant. HHS will continue proactive and iterative engagement with Federal employee unions on policies and their implementation. The minimum standards outlined below apply unless an existing collective bargaining agreement (CBA) provides a more protective standard, in which case the CBA applies, or unless State, local, territorial, or Tribal requirements provide a more protective standard, in which case those local requirements apply.

WORKPLACE HEALTH AND SAFETY PRINCIPLES

COVID-19 Hospital Admission Levels

Vaccination Information

Mask-Wearing

Screening Testing