What the Delta Variant Means for Return-to-Work

What the Delta Variant Means for Return-to-Work

In response to emerging cases of the coronavirus variant known as delta, the Centers for Disease Control and Prevention (CDC) has announced updated guidelines regarding mask and vaccine policies. Employers should review and adjust any coronavirus-related policies and procedures.

Protecting Against the Spread of Delta

The delta variant is a highly infectious form of the coronavirus. According to CDC data, it is currently the most common variant in the U.S., accounting for over 80% of coronavirus cases. The CDC continues to emphasize coronavirus vaccines effectively protect against the delta variant and reduce the likelihood of severe illness, hospitalization and death.

While experts agree vaccines are largely effective at preventing its spread, the delta variant has proved unprecedented as it has been contracted by fully vaccinated individuals. In response, additional mitigation efforts may be necessary, including mask wearing. The protective barrier significantly prevents the spread of the coronavirus, regardless of an individual’s vaccination status.

Updated CDC Guidance on Mask-Wearing & Vaccines

The CDC recently provided updated guidance in response to increased cases of the delta variant across the U.S., including:

  • Recommendation for fully vaccinated individuals in areas with substantial coronavirus transmission to wear masks in public indoor settings
  • Suggestion that all unvaccinated individuals wear a mask when indoors and at crowded, outdoor settings
  • Guidance for fully vaccinated, immunocompromised individuals to wear a mask regardless of local transmission levels
  • All schools mandate universal indoor masking for teachers, staff, students and visitors, regardless of vaccination status

To see local transmission rates, review the CDC’s current transmission map.

Workplace Mask-Wearing Policies

In response to the delta variant, many local governments and employers have implemented the CDC’s updated mask guidance policies. While most employers do follow recommended CDC guidelines, employers should note all directives are only recommendations and not legally binding. Employers should also consider if mask policies would ease employee concerns, keep their workforce safe and limit employment-related liability.

Any mask-wearing policy review and implementation should consider these steps:

  • Survey employee workplace safety concerns and perspective. Include topics such as vaccination policies, mask mandates and return-to-work preferences. Employee apprehension may have elevated with the increase in delta variant cases.
  • Regularly monitor regional transmission rates. Your locality’s rate variance (low, moderate, high, substantial) will affect CDC guidance.
  • Review local, state and federal mask guidance. Any new developments or changes in the pandemic will influence policy alterations.
  • Ensure all organizational mask policies comply with applicable laws. Anticipate the potential need to implement additional processes and procedures for employees who request an accommodation.
  • Prepare your organization to be adaptable for all workplace safety decisions.

Workplace Vaccination Policies

There is no right or wrong answer regarding workplace vaccine policies; each industry and business is unique. Businesses should stay creative, flexible and adaptive in their workplace strategies and approaches to keep employees and customers safe. Given the current pandemic status, most employers are encouraging or mandating employee vaccinations.

Vaccination Mandates

Following months of employee vaccine encouragement, some businesses are taking a strong stance against COVID-19. The Equal Employment Opportunity Commission (EEOC) has stated employers, with some accommodation exceptions, can require vaccination as a condition of employment. Any employer considering vaccination mandates are strongly encouraged to consult with local legal counsel.

Vaccination mandates must be in compliance with local and federal laws, including the American Disability Act (ADA), Title VII of the Civil Rights Act of 1964 and the Genetic Information Nondiscrimination Act (GINA) of 2008. Your business could be liable without policies and/or exceptions for employees who refuse a vaccine based on age, religion, medical conditions or other reasons protected under federal or state law.

Vaccination Encouragement

Employers have become a reliant and trusted source of pandemic information for employees. Some businesses have utilized this influence to encourage vaccination, especially in areas with low vaccination rates. This strategy has become popular with employers that choose against imposing mandates.

Employers are strongly encouraged to utilize legal counsel for all coronavirus-related workplace policies and updates. Download our COVID-19 Vaccine Workplace Planning Checklist to assist you in deciding whether to mandate or simply encourage employee vaccinations.

Layered Prevention Strategies

Although studies validate COVID-19 vaccines (authorized by the U.S. Food and Drug Administration) as effective against severe illness and death from coronavirus infection, current vaccination coverage varies across the country. An additional protection for employers against the delta variant is to implement layered prevention strategies to reduce transmission.

Ongoing Testing

Coronavirus testing, especially when remote work is not an option, may help create a safe workplace for employees, vendors and customers. Employers can provide testing on site, collaborate with a local testing center or provide employees with at-home kits. Testing can also emphasize to employees the benefits of continuous self-monitoring for symptoms and to remain home when unwell.

Reestablishing Preventive Measures

Social distancing and mask wearing may have become less common in workplaces lately. As delta variant cases continue to escalate, employers might consider reinstating previous workplace safety and health measures. This can include social distancing, altered workspaces, and elevated cleaning and disinfecting.

Delaying Return-to-Work Plans

If applicable, employers can reduce the risk of workplace coronavirus exposure and transmission by postponing employee return-to-work plans or limiting employee attendance. Depending on the industry, this can be implemented through hybrid work or staggered schedules.

If your businesses is still on track to shift remote employees back on site, it is critical to track local transmission rates as guidance for return-to-work decisions and timing.

Transparent Communication

With delta and potential new variants on the rise, businesses and their communities will likely experience an increase of coronavirus cases in the upcoming months. Employers must continue to communicate transparently about workplace exposures and respect employees’ medical privacy.

We’re Here to Help

The pandemic has been an unprecedented event. Employers have more risk than ever. Connect with a member of our team for more information about the pandemic and your risk as an employer.

This article provides general guidance only and may be affected by changes in law or the interpretation of such laws. The reader is advised to consult with legal counsel prior to taking any action based upon this information.

What the Delta Variant Means for Return-to-Workhttps://www.cbiz.com/LinkClick.aspx?fileticket=H3fd9W0wpEw%3d&portalid=0In response to emerging cases of the coronavirus variant known as delta, the Centers for Disease Control and Prevention (CDC) has announced updated guidelines regarding mask and vaccine policies.2021-09-14T16:00:00-05:00In response to emerging cases of the coronavirus variant known as delta, the Centers for Disease Control and Prevention (CDC) has announced updated guidelines regarding mask and vaccine policies.Risk MitigationProperty & Casualty InsuranceYes