SPECIAL NOTICE
99 -- Statement on Enforcement of Executive Order 14042 and Process for Contractor Entry into FAA Facilities
- Notice Date
- 12/13/2022 11:39:03 AM
- Notice Type
- Special Notice
- Contracting Office
- FEDERAL AVIATION ADMINISTRATION US
- ZIP Code
- 00000
- Response Due
- 3/30/2023 8:59:00 PM
- Archive Date
- 01/30/2023
- Description
- Update for Executive Order 14042 On December 9, 2021, OMB issued guidance to agencies to assist them in complying with a Federal district court order that barred enforcement of Executive Order 14042 nationwide. More recently, on August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that the district court erred in issuing a nationwide injunction, and that the court�s order prohibiting enforcement should apply only with respect to the parties in the case. The appellate court�s ruling took effect when that court issued its mandate on October 18, 2022. With the Eleventh Circuit�s ruling taking effect, active court orders will prohibit enforcement of the Executive Order in some locations and as to some entities. Despite the lifting of the nationwide bar to enforcement on October 18, 2022, at this time agencies should NOT: (1) take any steps to require covered contractors and subcontractors to come into compliance with previously issued Task Force guidance; or (2) enforce any contract clauses implementing Executive Order 14042. FAA Facility Access for Contract Employees On-site contractor employees shall follow all signage posted in FAA facilities or operational locations regarding masking and comply with all instructions/requirements by Federal Protective Service (FPS) officers and/or facility managers. Failure to comply with signage and local facility requirements will result in removal from the facility. I. Definitions a. Close Contact (Suspected COVID-19). Close contact is being within six (6) feet of a COVID-19 positive individual for fifteen (15) cumulative minutes or more in a 24-hour period during the 48 hours prior to the date of positive test or symptom onset through the last day exposed while infectious, whichever is earlier. This can occur while caring for, living with, visiting, or working with a COVID-19 positive individual. An individual with a close contact is considered to have Suspected COVID-19. b. Days of Exposure. For purposes of calculating the ten (10) full days after exposure, day zero (0) is the day of their last known exposure to an individual with COVID-19 and day one (1) is the first full day after their last known exposure. c. Facility. Any FAA facility, third-party facility, other Federal facility, supplier, or any other location where an employee performs work such as site audits, site inspections, investigations, and property management. d. Isolation. A process to separate individuals with confirmed or presumed COVID-19 from those without COVID-19. Individuals in isolation should stay home until they meet CDC criteria for release from isolation. e. Molecular Test (RT-PCR or NAAT). A type of test that detects the genetic material of the virus itself. (A molecular test is more accurate than a rapid antigen test for identifying disease, but may continue to return a positive result for up to 90 days following infection.) f. Rapid Antigen Test. A type of test that detects specific proteins on the surface of the virus. II. Reducing Risk of Exposure to COVID-19 when Entering any Facility a. Prior to entering any facility, employees are expected to review the FAA�s COVID-19 Daily Wellness Check each day. b. Any employee who answers �yes� to any of the questions on the FAA�s COVID-19 Daily Wellness Check must not enter any facility and contact their manager for further guidance and available options. Note: Employees who are awaiting test results for any reason other than experiencing symptoms may enter FAA facilities. III. Returning to the Workplace After Identifying a Case of COVID-19 and Close Contacts a. Confirmed COVID-19 positive. (1) An asymptomatic employee with a confirmed positive test for COVID-19 may return to the workplace on or after five (5) full days after the positive test if they have developed no symptoms. In addition: (a) Wear a high-quality tight-fitting mask such as a surgical procedure mask at all times when indoors or around others until day ten (10) after positive test or symptoms first appeared (whichever is earliest). (b) An asymptomatic employee who tested positive using a rapid antigen test and subsequently tested negative with a molecular test may return to the workplace, if they are well enough to work. (c) Employees who become symptomatic are advised to consult with their personal healthcare provider. (2) An employee with a confirmed positive test for COVID-19 with mild symptoms may return to the workplace under the following conditions: (a) At least 24 hours have passed since recovery, defined as resolution of fever without the use of fever-reducing medications and improving other symptoms. Note, loss of taste/smell and cough may persist for several weeks; and (b) At least five (5) full days have passed since the initial positive test or symptoms first appeared (whichever is earliest); and (c) Employees returning to the work site must: I. Wear a high-quality tight-fitting mask such as a surgical procedure mask at all times when indoors or around others until day ten (10) after positive test or symptoms first appeared (whichever is earliest);. II. Eat separately from others; and III. Avoid being around people who are more likely to get very sick from COVID-19. (d) Employees with a prior confirmed COVID-19 infection within the previous ninety (90) days, who retest positive without symptoms, or develop rebound symptoms, should be referred to their personal healthcare provider. The five (5)-day restrictions restart with day zero (0). (3) An employee with a confirmed positive test for COVID-19 with moderate symptoms (experienced shortness of breath or difficulty breathing) may return to work when the following criteria have been met: (a) At least 24 hours have passed since recovery, defined as resolution of fever without the use of fever-reducing medications and improving other symptoms. Note, loss of taste/smell and cough may persist for several weeks; and (b) At least ten (10) full days have passed since the positive test or symptoms first appeared (whichever is earliest); and (c) Employees with a prior confirmed COVID-19 infection within the previous ninety (90) days, who retest positive without symptoms, or who develop rebound symptoms, should be referred to their personal healthcare provider. The ten (10)-day restriction restarts with day zero (0). (4) An employee with a confirmed positive test for COVID-19 with severe symptoms (hospitalized) may return to work when the following criteria have been met: (a) At least 24 hours have passed since recovery, defined as resolution of fever without the use of fever-reducing medications and improving other symptoms. Note, loss of taste/smell and cough may persist for several weeks; and (b) At least ten (10) days have passed since the positive test or symptoms first appeared (whichever is earliest); and (c) Employees with a prior confirmed COVID-19 infection within the previous ninety (90) days, who retest positive without symptoms, or who develop rebound symptoms, should be referred to their personal healthcare provider. The ten (10)-day restriction restarts with day zero (0). b. Presumed COVID-19 positive. An employee exhibiting symptoms of COVID-19 who has not had a confirmed positive test is presumed COVID-19 positive (unless their personal healthcare provider has made a different diagnosis). (1) An employee exhibiting symptoms of COVID-19 (e.g., respiratory illness with fever, cough, or shortness of breath) evaluated/treated by a medical professional who is directed to self-isolate at home is eligible to return to the workplace under the following conditions: (a) At least 24 hours have passed since recovery, defined as resolution of fever without the use of fever-reducing medications and improving other symptoms. Note, loss of taste/smell and cough may persist for several weeks; and (b) At least ten (10) days have passed since symptoms first appeared; and (c) If hospitalized, provides documentation to their manager from their personal healthcare provider regarding test results and clinical course with no further limitations. (2) An employee not evaluated, treated and/or tested is highly encouraged to seek medical attention upon first learning of their illness. Criteria for return to the workplace are the same. c. Close Contact with a confirmed COVID-19 positive individual (Suspected COVID-19). Suspected COVID-19 individuals are required to: (1) Wear a high-quality tight-fitting mask such as a surgical procedure mask at all times when indoors or around others until day ten (10) from their most recent close contact exposure; (2) Continue to report to their FAA facility unless they develop symptoms regardless of vaccination status; (3) Test for COVID-19 on or after five (5) full days after exposure or the first duty day, if return is within ten (10) days after exposure. COVID-19 test is not required if employee had recovered from COVID-19 in the preceding 30 days; and (4) Avoid individuals with increased risk for severe COVID-19 illness by avoiding crowding and maintaining social distancing. (5) Exceptions are: (a) If symptoms of COVID-19 develop, follow presumed COVID-19 guidelines; (b) If employee receives a positive COVID-19 test, follow confirmed positive COVID-19 guidelines; or (c) If they have been in close contact with someone else testing positive for COVID-19, restart timeline for ten (10) days of high-quality tight-fitting mask and any COVID-19 testing. Note: When required as outlined above, employees must wear high-quality tight-fitting masks or may voluntarily choose to wear respirators following CDC mask guidelines.
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- Record
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