CDC Updates Mask Recommendations for Fully Vaccinated Individuals

By Conn Maciel Carey’s COVID-19 Task Force

We have an unfortunate update to share out of the CDC today.  Short story, do not throw away your “Masks Required” signs.

What Did the CDC Change About Mask Recommendations?

Earlier today (July 27th), the CDC updated its “Interim Public Health Recommendations for Fully Vaccinated People,” in which the CDC recommends:

  • fully vaccinated people wear masks in public indoor settings in areas where there is substantial or high transmission;
  • fully vaccinated people can choose to wear a mask regardless of the level of transmission, particularly if they are immunocompromised or at increased risk for severe disease from COVID-19, or if they have someone in their household who is immunocompromised, at increased risk of severe disease or not fully vaccinated; and
  • fully vaccinated people who have a known exposure to a suspected or confirmed COVID-19 case be tested 3-5 days after exposure, and wear a mask in public indoor settings for 14 days or until they receive a negative test result.
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Although the guidance speaks in absolutes, we think that the general limitations that have applied to all prior mask mandates throughout the pandemic continue to inform this updated guidance; i.e., “public indoor settings” is intended to cover locations where there is the potential for exposure to another individual, and not where an employee is “alone in a room” or “alone in a vehicle.”

Is Your County Experiencing Substantial or High Levels of Transmission?

To determine whether your workplace is in a county experiencing substantial or high transmission of COVID-19, the CDC uses two different indicators, the higher of which prevails:

  1. total new cases per 100,000 persons over the past seven days; and
  2. positive test rate over the past seven days.

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MSHA Announces Powered Haulage “Stand Down for Safety Day” with Enforcement Initiative & Rulemaking Ongoing

By: Nicholas W. Scala 

MSHA recently announced that today, Tuesday, July 20th, is national Stand Down for Safety Day focused on bringing greater recognition to the hazards associated with Powered Haulage on mine sites. As the impetuous for the safety day, MSHA cites nine fatal injuries this year, which it has attributed to powered haulage, and references 185 miners who have sustained injuries to date due to powered haulage, according to MSHA injury recordkeeping. See MSHA Press Release on Powered Haulage Safety. 

As part of the Stand Down for Safety Day, MSHA intends to send enforcement personnel out to mine sites with the specific purpose to “emphasize the need for adhering to best safety practices for powered haulage, vehicle rollovers, and miner training to reduce fatalities and injuries.” Construction,Earthworks,Excavator,Grader,Trucks,Construction,Industrial,Earthworks,Excavator,GraderMine operators should be prepared that MSHA will use this not only as an opportunity to educate the workforce, but also set the stage for its inspectors to closely examine operational compliance with MSHA’s powered haulage regulations for the purpose of issuing enforcement. The enforcement push may or may not happen when MSHA is on-site as part of the stand down, but this will be an area of increased enforcement by the agency. Industry stakeholders were told this much on MSHA’s most recent quarterly stakeholder call. 

The Stand Down for Safety Day further aligns with a hazard and enforcement area that has been a focus of MSHA for the past few years, continuing from the Trump to Biden Administration. Under Asst. Secretary Zatezalo, MSHA announced annual powered haulage safety and enforcement initiatives dating back to 2018. Additionally, under the Trump Administration, MSHA initiated rulemaking efforts for a new powered regulation targeting surface mines and surface areas of underground mines. 

The new rule, if finalized, would require Continue reading