CDC Workplace Compliance News & Resources
The COVID-19 pandemic brought the U.S. Centers for Disease Control and Prevention (CDC) into the forefront of business safety and compliance like never before.
As society moves through and beyond the pandemic, KPA continues to monitor CDC-relevant recommendations and regulations that impact workplace compliance and employee safety.
Stay on top of safety and compliance the right way with this information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business. Wherever available, KPA products are updated with the latest government notices and posters for employers.
Past CDC Workplace Compliance News
Who: International travelers entering the USA
When: Effective immediately.
What: On June 10, 2022, the CDC announced that international travelers entering the United States are no longer required to provide a negative COVID-19 test upon boarding flights to the United Stats. – The new standard is applicable to all travelers regardless of vaccination status.
The CDC has determined that due to the widespread access of COVID-19 vaccines and therapeutics, the prior testing requirement is no longer necessary to prevent the introduction of currently circulating SARS-CoV-2 variants in the USA. The CDC continues to recommend that all international travelers receive vaccination against COVID-19 and get tested for infections before and after traveling.
How:
Review your current internal travel policies and procedures and update them to comply with the CDC decision.
Additional Resources:
Who: All consumers
When: Effective Immediately
What:
Update 2/25/2022: The CDC has announced that those who are fully vaccinated against COVID-19 are no longer required to wear a mask while in public spaces, including schools. Mask-wearing is still recommended for those who live in communities with a high hospitalization rate and for those who are at high risk of contracting COVID-19. Those who work in the healthcare industry are still required to wear a mask and must follow the CDC’s COVID Data Tracker.
Update 1/28/2022: The CDC has updated the information on masks and respirators, clarifying the difference between N95s and KN95s, surgical N95s respirations, and types of masks and respirator protections.
On January 14, 2022, the CDC updated face mask recommendations for consumers on its website, focusing on fit, protection, and comfort. In a press release statement, the federal agency recommends that people should wear the most protective mask that they can, focusing on how well it fits and the consistency of wearing it.
The CDC Types of Masks and Respirator webpage states that some masks provide better protection than others–“loosely woven cloth products provide the least protection.” People may now choose to wear N95 and KN95 masks, but the CDC clarified that and “surgical N95” masks should be reserved for health care settings.
Next Steps:
Employers may want to review and update their face covering policies and supplies.
Additional Resources
Who: All vaccinated Americans considering a COVID-19 booster shot
When: Effective Immediately
What: On January 4, 2022, the CDC announced a change in its recommendation of the Pfizer COVID-19 booster shot. Originally, the CDC recommended a booster shot be administered 6 months after the second vaccination. The new recommendation shortens the time period to 5 months. This news came a day after the FDA released a similar recommendation. On January 7, 2022, the CDC released a statement making the same recommendation for the Moderna COVID-19 booster shot.
The booster shot recommendations for individuals who have received J&J vaccine did not change.
The agency recommended that children who are ages 5-11 years old and are moderately or severely immunocompromised may receive another dose of the vaccine 28 days after their second Pfizer vaccination shot.
Additional Resources
COVID-19 Vaccine Booster Shots
Who: United States employers and employees
When: Effective immediately
What: On January 10, 2022, the CDC updated its international travel guidance. The CDC also recently updated domestic travel guidance on January 4, 2022.
Per the CDC’s guidance, all international air passengers traveling into the United States, regardless of vaccination status, must show a negative COVID-19 test taken no more than 1 day before their trip. Testing is not required for children under the age of 2. For domestic air travel, those who have not been fully vaccinated are encouraged to get tested for COVID-19 within 1 to 3 days before and after their trip.
For the purpose of COVID-19 contact tracing, international air passengers traveling to the United States are required to provide contact information to airlines before boarding their flights.
For domestic and international travel, the CDC recommends that US residents do not travel until they are fully vaccinated against COVID-19.
Travel is not recommended for those who feel sick, have been exposed to COVID-19 and have not ended quarantine, or have tested positive for COVID-19 and have not ended isolation period of 10 days (either after the day the symptoms started or the day of the positive test if asymptomatic).
Regardless of vaccination, face coverings are required for people over the age of 2 for all indoor public transportation and transportation hubs (i.e., airplanes and airports). Air passengers are also encouraged to check the local COVID-19 health recommendations and requirements of their final destination.
After traveling, the CDC recommends that all people self-monitor for COVID-19 symptoms, get tested, and isolate themselves if they develop symptoms. Those who are not fully vaccinated are recommended to self-quarantine for 5 days after travel.
For air travelers awaiting the results of a COVID-19 test, should the results come back positive while at their destination, the CDC recommends isolating and postponing their return until it’s safe. Under these circumstances, travel companions may need to quarantine.
How:
- Review your current policies and procedures and update them to comply with the current guidance.
- Educate and inform your employees about interstate COVID-19 mandates and safety protocols.
Additional Resources:
CDC COVID-19 International Travel
CDC COVID-19 Travel Recommendations by Destination
CDC Operation Expanded Testing Program for Schools and Congregate Settings
Who: People exposed to COVID-19
When: Effective Immediately
What: At the end of 2021, the CDC updated its quarantine and isolation recommendations for anyone exposed to COVID-19 or who received a positive test result.
Anyone who has tested positive for the virus and remains asymptomatic should quarantine for 5 days, followed by 5 days of wearing a mask whenever around other people. People whose symptoms are improving should be fever-free for 24 hours before leaving isolation.
For individuals exposed to someone with COVID-19 and who are unvaccinated, or received their last vaccination over six months ago (over 2 months ago if the individual received the single-dose Johnson & Johnson vaccine) and haven’t yet received a booster shot, the CDC recommends a 5-day quarantine following by wearing masks for an additional 5 days. If a 5-day quarantine isn’t an option, the individual must wear a well-fitting mask whenever around others for 10 days.
For people who have received their booster shot or have completed the primary vaccine series within the last 6 months (within the last 2 months if the individual received the single-dose Johnson & Johnson vaccine), they don’t need to quarantine or isolate, but should wear a mask for 10 days following exposure.
For anyone who has been exposed to COVID-19, they should take a COVID-19 test on the fifth day after exposure.
Originally, the CDC recommended 10 days of isolation for anyone who has tested positive for COVID-19 or has been exposed to the virus.
Health Care Workers
The shortened isolation and quarantine times for everyone exposed to COVID-19 comes on the heels of updated recommendations for health care workers. Weeks prior, in December 2021, the CDC changed its isolation and quarantine guidance for health care workers who test positive for the virus but don’t exhibit any symptoms.
These workers that are infected with COVID-19 but are asymptomatic may return to work after seven days of exposure and a negative COVID-19 test result.
If the health care facility is experiencing a staff shortage, workers who have been exposed, regardless of vaccination status, may return to work after 5 days of a positive infection. In a health care crisis, workers who have tested positive for COVID-19, may return to work if they are asymptomatic or only experiencing mild symptoms, regardless of their vaccination status.
Those who have been infected but are fully vaccinated and boosted may return to work without any restrictions.
How:
- Although these are recommendations, employers should be aware of state and local rules that may have stricter requirements.
- Health care administrators will need to review their staffing, labor agreements, census, and current COVID-19-related policies and procedures and update them accordingly, working with legal counsel and other parties as necessary.
Additional Resources
Past EPA Workplace Compliance News
Regulation
In August of 2023, technical corrections were made to the 40 CFR Chapter I Subchapter I Part 262 – Standards Applicable to Generators of Hazardous Waste rules, and now some of the improvements rules are taking effect on small quantity generators (SQG) and large quantity generators (LQG)s of hazardous waste.
The rule has been adopted in 41 states and is authorized for state enforcement in 12 states. Even if your state has not adopted nor authorized the rule, KPA recommends starting the practice now to ensure compliance.
Applicability
All generators of hazardous waste must comply with the regulation, however, there is a new call to action for small quantity generators and large quantity generators of hazardous waste. Each generator of hazardous waste must determine their own generator status and comply with the requirements for that status. Here’s a summary of the generator categories.
Very Small Quantity Generator (VSQG)2
- Generates <100kg of hazardous waste in a calendar month
- May not accumulate >1000kg of hazardous waste at any time
SQG
- Generate between 100kg and 1000kg of hazardous waste in a calendar month
- Must notify the EPA and obtain an EPA ID number
- May accumulate hazardous waste onsite for 180 days without a permit
- Must comply with hazardous waste manifest requirements when shipping the waste
- Must have a designated emergency coordinator able to respond to emergency situations
LQG
- Generates >1000kg of hazardous waste in a calendar month
- Must notify the EPA and obtain an EPA ID number
- May accumulate hazardous waste onsite for 90 days
- Must comply with hazardous waste manifest requirements when shipping the waste
- Must comply with the preparedness, prevention, and emergency procedure requirements and land disposal restrictions
- Must submit a biennial hazardous waste report
Summary
When the EPA finalized the generator improvements rules there were additional components to the rules for SQGs and LQGs that are approaching a time of renewal.
Renotification of Hazardous Waste Activities
SQGs must renotify the EPA of their hazardous waste activities every 4 years. Renotification is accomplished by completing a new form 8700-12 to the EPA or by updating the information online at myRCRAID. A pdf copy of the 8700-12 can be found here. myRCRAID is an online portal the EPA is pushing all generators to begin using.
LQGs must renotify the EPA of their hazardous waste activities by March 1st of every even-numbered year. This is typically completed and submitted with the biennial report. Form 8700-12 or the myRCRAID system can be used to renotify.
Individual states may require state notification of hazardous waste activity along with a federal notice. To determine if your state has additional rules look at the table found here.
Arrangements with Local Emergency Responders
LQGs & SQGs must also try to make arrangements with the local emergency services. The purpose of the arrangement is to familiarize the emergency responders with the following:
- Layout of the facility
- Properties of hazardous waste handled at the facility and associated hazards
- Places where facility personnel would normally be working
- Entrances to roads inside the facility
- Evacuation routes
- Types of injuries or illnesses that could result from fires, explosions, or releases at the facility
The generator must maintain records documenting the arrangements made with the local responders or at least document that attempts to plan were made.
LQG Contingency Plan & Quick Reference Guide
All LQGs must have a contingency plan that outlines how designated employees will respond to a hazardous waste incident. This plan must be maintained onsite and revised as needed. A new additional component to the contingency plan is the submission of a “Quick Reference Guide” to local responding agencies. The Quick Reference Guide must include the following:
- The types/names of hazardous waste in layman’s terms and hazards associated with each waste
- Estimated maximum amount of hazardous waste that may be present at any one time
- Identification of hazardous waste where exposure may require special treatment by medical staff
- Map of the facility showing where hazardous wastes are generated, accumulated, and treated
- Street map of the facility in relation to surrounding businesses
- Locations of water supply
- Description of onsite emergency notification systems
- Names of the emergency coordinator and 24-hour emergency contacts
The LQG must submit the Quick Reference Guide to local emergency responders when drafted and whenever it is modified.
Guidance
KPA is ready to assist all clientele in complying with the additional generator improvement rules as more states adopt and become authorized to enforce the rules.
Determine if you generate hazardous waste
The first step is to determine if you generate hazardous waste. Common hazardous wastes in an industrial setting can include the following:
- Ignitables (gasoline, parts cleaners, thinners, waste paints)
- Corrosives (battery acid, cleaners marked as corrosive)
- Toxics (drain trap sludges, used filters)
- Reactivity (items found in detonating devices such as an airbag, and lithium-ion batteries)
Some states (CA and MA) manage used oil as a hazardous waste as well. KPA consultants can assist you with waste determinations if this task has not already been completed. Remember that all unknown wastes must be treated as hazardous until they are proven to be non-hazardous.
Determine how much you generate
Next, determine how much waste you generate. Remember that the generator categories are determined by how much total hazardous waste is generated in one calendar month, not necessarily how much is shipped off-site for treatment. 100kg of waste is equivalent to about 220 lbs. of waste or about half of a 55-gallon drum. So, if you generate a full 55-gallon drum of waste in one month, your facility will at least be an SQG.
Comply with any new requirements that apply to your facility’s generator status
VSQG: If your facility is a VSQG there are no additional steps that must be taken to comply with the new rules.
SQG: If your facility is a SQG, then you must begin to renotify the EPA of your generator status every 4 years. Fill out the 8700-12 and submit to the EPA or utilize myRCRAID. When myRCRAID is used, your facility will be setup for easier future notifications. A user guide for myRCRAID is found here. Check with your state regulations as they may have a different procedure for renotification to their environmental agency. Your facility must also attempt to make arrangements with local emergency responders.
LQG: If your facility is a LQG then you must begin to renotify the EPA of your generator status every even numbered year by March 1st.. See the SQG note above about how to renotify. Check with your state regulations as they may have a different procedure for renotification to their environmental agency.
If you need a “Contingency Plan” or the “Quick Reference Guide,” please contact your KPA consultant. KPA has additional services to help your facility meet these new requirements being introduced by the EPA. In the state of California, the “Hazardous Materials Business Plan” serves as your contingency plan but does not contain the quick reference guide.
Sources
1California Department of Toxic Substances Control: Generator Improvements Rule
2 Environmental Protection Agency: Categories of Hazardous Waste Generators.
https://www.epa.gov/hwgenerators/categories-hazardous-waste-generators
