FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

COVID-19

WORKPLACE SAFETY PLAN

(May 28, 2021)
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

COVID-19

WORKPLACE SAFETY PLAN

TABLE OF CONTENTS................................................................................................................ 2

I. AUTHORITIES ................................................................................................................... 4

II. PURPOSE AND SCOPE..................................................................................................... 5

III. COVID-19 COORDINATION TEAM............................................................................ 5

IV. PANDEMIC OPERATIONS........................................................................................... 6

Telework......................................................................................................................... 6

Office Locations Occupancy and Safety ........................................................................ 7

Hearings.......................................................................................................................... 7

Oral Arguments and Public Meetings............................................................................ 8

General Safety Precautions and Hygiene ....................................................................... 8

Quarantine ...................................................................................................................... 9

Use of PPE & Cleaning Supplies................................................................................... 9

Travel............................................................................................................................ 10

Commuting................................................................................................................... 10

Reasonable Accommodation........................................................................................ 10

Confidentiality and Medical Privacy............................................................................ 11

V. FACILITIES ...................................................................................................................... 11

A. Building Management Initiatives ................................................................................. 11

B. Ventilation and Air Filtration....................................................................................... 12

C. Environmental Cleaning............................................................................................... 13

D. Elevators....................................................................................................................... 13

E. Visitors ......................................................................................................................... 14

F. Shared Spaces............................................................................................................... 14

VI. PROTOCOLS................................................................................................................. 14

A. Masks........................................................................................................................... 14

B. Physical Distancing ..................................................................................................... 15

C. Testing............................................................................................................................... 16

D. Contact Tracing ............................................................................................................... 16

TABLE OF CONTENTS

CONTENTS
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E. Vaccinations..................................................................................................................... 17

F. Exposure Notification....................................................................................................... 17

G. Symptom Monitoring and Procedures for Authorized Entry .......................................... 17

APPENDIX ...................................................................................................20

 
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INTRODUCTION

The Federal Mine Safety and Health Review Commission (FMSHRC) is committed 

to a high standard for protecting the health and safety of its workforce during the 

Coronavirus 2019 (COVID-19) pandemic while continuing the agency’s mission. The 

guidance and information in this work safety plan supersedes the information in 

previously published FMSHRC guidance on COVID-19, specifically Opening Up 

America Again, OMB memo M-20-23, Aligning Federal Agency Operations with the 

National Guidelines for Opening Up America Again and the July 28, 2020 Covid-19 

Return to the Federal Workplace Agency Plan. Additional and supplemental 

implementation guidance will be provided and considered as necessary. This plan

reflects new information and guidance about social or physical distancing, 

handwashing, face coverings, cleaning, disinfecting, and several other ways to 

maintain a safe and healthy work environment in all federal workplaces. It will 

remain in effect throughout the agency’s transition to a return to post-pandemic

operations. It will be periodically reviewed and may be updated as necessary to 

remain current with changing public health conditions and additional guidance from 

the President’s Safer Federal Workforce Task Force Office, including the Office of

Management and Budget (OMB) and the Centers for Disease Control (CDC).

The FMSHRC Team, described more fully below in Section IV, will direct 

implementation of this policy in order to monitor and report on possible or confirmed 

COVID-19 cases, protect the privacy of all personnel, and take all necessary actions 

to maintain the health and safety of the FMSHRC workforce.

Any person entering a FMSHRC office must first comply with the Procedure for 

Authorized Entry described in Section V.B. This includes a requirement to obtain 

specific authorization from a supervisor and electronic submission of a COVID 

Screening Tool Form.

All employees and contractors are required to comply with this policy to the extent 

feasible. This policy also applies to any authorized visitors who must enter agency 

offices (e.g., mail delivery personnel, building maintenance). To minimize the risk of 

potential exposure, other individuals (e.g., family members, friends) should not be 

present in a FMSHRC workplace until a return to post-pandemic operations.

I. AUTHORITIES 

The federal government is committed to addressing essential work requirements 

consistent with best public health practices. Federal guidance issued to date includes:

• On January 21, 2021, President Biden released the National Strategy for the 

COVID-19 Response and Pandemic Preparedness. The National Strategy initiates 

a coordinated pandemic response that not only improves the effectiveness of the 

country’s fight against COVID-19 but also helps restore trust, accountability, and 

a sense of common purpose in the federal response to the pandemic. 
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• On January 20, 2021, the President issued Executive Order 13991: Protecting the 

Federal Workforce and Requiring Mask Wearing instructing agencies to 

immediately require masks and physical distancing measures in all federal 

buildings consistent with current CDC guidance. CDC guidance continues to be 

updated in accordance with vaccination roll-outs and fluctuations in positive 

COVID-19 tests, and the FMSHRC Team will conform implementation of this 

policy to the CDC’s most up to date guidelines.

• On January 24, 2021, OMB issued guidance, M-21-15 COVID-19 Safe Federal 

Workplace: Agency Model Safety Principles, to assist federal agencies in 

developing tailored COVID-19 workplace safety plans. 

II. PURPOSE AND SCOPE

The purpose of this policy is to provide minimum mandatory safety guidance for 

FMSHRC personnel, and its primary focus is the implementation of CDC guidelines 

at all FMSHRC facilities to mitigate the spread of COVID-19 for employees, 

contractors and guests who periodically visit the federal workplace. This guidance 

applies to GSA-leased buildings at headquarters and satellite offices.

 

FMSHRC’s highest priority remains the health and safety of all its employees, onsite 

contractors, and individuals interacting with its workforce. Since March 2020, 

FMSHRC workforce in its headquarters and satellite locations has been operating in

full situational telework mode. 

President Biden created the inter-agency Safer Federal Workforce Task Force to give 

the heads of federal agencies ongoing guidance to keep their employees safe and their 

agencies operating during the COVID-19 pandemic. This task force is composed of

the White House COVID-19 Response Team, the General Services Administration 

(GSA), and the Office of Personnel Management (OPM). Task Force members 

include: the CDC, the Department of Veterans Affairs, the Federal Emergency 

Management Agency, the Federal Protective Service, the OMB, and the United States 

Secret Service. FMSHRC leadership will consult with this task force, to discuss, 

among other subjects, any special circumstances applicable to higher-risk work 

environments. 

III. COVID-19 COORDINATION TEAM

The FMSHRC COVID-19 Coordination Team (“FMSHRC Team”) consists of Senior 

Management at FMSHRC: 

• Arthur Traynor III, Chair

• Michael Chirico, Policy Advisor and Government Liaison 

• Glynn Voisin, Chief Administrative Law Judge 

• Mike McCord, General Counsel

• Lisa Boyd, Executive Director
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• Rory Smith, Counsel to the Chair 

• Michelle Williams, EEO Director 

The CDC has assigned personnel with technical expertise to consult with the 

FMSHRC Team: 

• Cristina Bressler, Health Scientist, Occupational Health and Safety Office, Office 

of Safety, Security, and Asset Management (OSSAM).

The FMSHRC Team will meet regularly to review compliance with agency COVID19 workplace safety plans and protocols, consider potential revisions to agency 

COVID-19 workplace safety plans and protocols, and address any other operational 

needs. As all FMSHRC offices are in General Services Administration (GSA)-leased 

space, the Executive Director or another member of the FMSHRC Team coordinates

with GSA and building management’s security and safety personnel at all locations.

IV. PANDEMIC OPERATIONS

Telework

FMSHRC will continue to require maximum telework for agency personnel during the 

pandemic until further notice. As a general principle, FMSHRC will maximize the use 

of telework during widespread community transmission and until further guidance 

from the Safer Federal Workforce Task Force.

FMSHRC and contractor personnel who are eligible for telework are expected to 

telework, unless they are directed otherwise by their supervisor for an essential and 

limited purpose. No personnel may perform work at a FMSHRC facility without 

prior supervisor approval. Supervisors may only approve onsite work they have 

determined as essential in coordination with the Executive Director, or in cases of 

absence, the Executive Director’s designee.

The FMSHRC Team is aware that many agency personnel are members of populations 

the CDC has identified as being at higher risk for serious complications from COVID19 and other special populations, including older adults and individuals who have 

chronic health conditions, such as high blood pressure, heart disease, diabetes, lung 

disease, or compromised immune systems. Such personnel will receive special 

consideration in any decision involving their return to the federal workplace. 

Once return efforts are underway, telework and special accommodations will be 

considered for personnel who are members of a vulnerable population, who are caring 

for dependents who are members of a vulnerable population, and/or have childcare or 

transportation needs disrupted due to COVID-19. Telework will be encouraged for 

employees whose children’s schools are closed and/or who lack dependent care due to 

COVID-19 disruptions. Telework will also be encouraged for employees whose transit 

or parking options are disrupted due to COVID-19. Supervisors are responsible for 

ensuring personnel under their supervision remain productive while teleworking. The 

FMSHRC telework policy will be assessed continually, and personnel will be given 
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advance notice of any significant changes that are made in anticipation of a return to 

the workplace.

Office Locations Occupancy and Safety 

Occupancy in FMSHRC facilities should be no more than 25% of normal capacity 

during periods of significant or high community transmission. Levels of community 

transmission can be established by consulting CDC’s COVID Data Tracker County 

View. If an exception to the 25% occupancy needs to be made, it must be preapproved by the FMSHRC Team, which will consult with OMB and the Safer Federal 

Workforce Task Force on the specific inquiry.

Employees and contractors performing duties in a FMSHRC office must do all they 

can to keep themselves and their coworkers safe when they are present in the 

workplace. This includes adhering to the General Safety Precautions in Section D 

and Use of Personal Protective Equipment (PPE) and Cleaning Supplies in Section 

F.

No person – no employee, contractor or visitor – may enter an FMSHRC office 

without following the Symptom Monitoring and Procedures for Authorized Entry 

outlined in Chapter VI, Section G. Every person is required to complete the

FMSHRC COVID-19 Screening Tool referenced in Appendix A and submit that form 

by e-mail to officesafety@fmshrc.gov for each day that a person is scheduled to be

present in the workplace. No person may enter the workplace without completing

and submitting this form. 

The only persons excluded from the Screening Tool requirement are nongovernment employees or contractors of the respective building management whose 

work is coordinated with GSA. The Executive Director or another member of the 

FMSHRC Team will continue to coordinate with GSA regarding facilities and the 

safety of building management personnel, as provided in Section VI, below.

The Executive Director will monitor the submissions to officesafety@fmshrc.gov to 

ensure compliance with the Symptom Monitoring and Procedures for Authorized 

Entry and have the continued ability to ensure contact tracing in the event of a 

positive COVID case report affecting any FMSHRC location.

The Executive Director will refer for discipline any personnel who fail or refuse to 

comply with these Procedures for Authorized Entry.

Hearings

In view of the risks presented by COVID-19, the FMSHRC Team has suspended all 

in-person hearings, settlement judge conferences, and mediations until August 31, 

2021.
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At the discretion of the presiding administrative law judge and in coordination with the 

parties, hearings may proceed by videoconference or by telephone. Similarly, 

settlement judge conferences and mediations may be held by videoconference or by 

telephone. If the parties agree that an evidentiary hearing is not needed, cases may 

also be presented for a decision on the record. The parties will be notified if a hearing 

needs to be rescheduled.

The FMSHRC Team will reassess the risks presented by in-person hearings prior to 

August 31, 2021 and inform the public as to whether and for approximately how long 

the suspension of in-person hearings will continue. 

Oral Arguments and Public Meetings

In view of the risks presented by COVID-19, the FMSHRC Team has suspended oral 

arguments and public meetings until August 31, 2021.

At the discretion of the Office of the General Counsel and in coordination with the 

FMSHRC Team, oral arguments and public meetings will continue to proceed by 

videoconference or by telephone.

General Safety Precautions and Hygiene

The CDC has established guidelines to prevent the spread of COVID-19 and other 

respiratory diseases. To the extent possible, employees should follow these guidelines 

to protect themselves from exposure both outside the workplace and whenever they 

are present in the workplace.

• If you are experiencing COVID-19 symptoms described by the CDC, do not 

 report to work. Seek medical attention. Stay home if you are feeling sick.

• If you have traveled or are contemplating travel, please see the CDC Travel 

Guidance.

• Cover your cough or sneeze with a tissue or mask, or use the inside of your elbow, 

and then throw the tissue away in the trash and immediately wash your hands, and 

avoid touching your eyes, nose, and mouth.

• Wash your hands often with soap and water for at least 20 seconds especially if 

you have been in a public space, or after blowing your nose, coughing, or 

sneezing. If soap and water are not readily available, use a hand sanitizer that 

contains at least 60% alcohol. Cover all surfaces of your hands and rub them 

together until they feel dry. For information about handwashing, see the CDC’s

Handwashing Guidelines. 
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• Clean and disinfect frequently touched surfaces daily. Hand sanitizer stations will 

be available at the building entrance and throughout workspaces, and should 

contain FDA-approved hand sanitizer, with at least 60% alcohol. FMSHRC will 

ensure that adequate supplies are provided or installed in the satellite offices.

• Practice social distancing: limit face-to-face meetings, in-person events and 

interaction with large crowds. Put distance between yourself and others — stay at 

least six feet apart from colleagues.

• Wear a facemask that covers your nose and mouth and meets CDC Guidelines in 

public settings where other social distancing measures are impossible or difficult to 

maintain. 

• Continue to conduct meetings, gatherings, and training sessions online, using 

Zoom or Teams, or telephonically as much as possible.

• Limit the number of personnel present in common areas to make social distancing 

feasible. For instance, no more than two people should be present in the kitchen or 

break areas at one time.

Quarantine

Personnel with a suspected or confirmed COVID-19 infection will be advised to 

isolate, pursuant to CDC guidelines, their healthcare provider’s instructions, and in 

compliance with local laws/regulations. Personnel who have had a close contact with 

someone who has tested positive for COVID-19 should follow CDC and local 

guidance for quarantine. Employees and contractors who are in isolation or quarantine 

should not return to the workplace until their supervisor approves, based on 

recommended CDC guidelines and the individual’s physician or local public health 

authority. Personnel are permitted to self-certify that they have completed all 

conditions of isolation or quarantine and will be permitted to return to work

accordingly. A self-certification form will be released per CDC guidance and 

distributed to employees prior to a return to work.

Use of PPE & Cleaning Supplies

Supplies of hand sanitizer, disinfectant spray, wipes, paper towels, facemasks, and 

disposable gloves will be made available for your use in central locations throughout 

the workplace to enhance safety and cleaning efforts. Employees and contractors are 

encouraged to regularly clean and disinfect frequently touched objects and surfaces 

using a disinfectant spray or wipe, except for electronic equipment which could be 

damaged by the application of chemicals.

Personnel may not remove any agency-provided supplies from workspaces and 

common areas. Employees should be courteous and responsible—and not use more 

supplies and PPE than needed to perform their duties safely. Employees must 

remember that the use of PPE is most effective when used in combination with social 

distancing measures. All used PPE must be discarded in a standard trash receptacle. 
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Travel

Federal employees should adhere strictly to CDC guidelines before, during, and after 

travel, regardless of whether the travel is personal or for official business. Currently, 

these include the following precautions: carefully assessing travel risk prior to travel, 

wearing a mask during all portions of a trip, maintaining physical distance from nonhousehold members, maintaining good hand hygiene by regularly washing hands with 

soap and water, or using alcohol-based hand sanitizer if soap and water are not 

available, and getting tested and staying home after higher-risk travel before returning 

to the workplace.

The CDC has extensive guidelines for both domestic and international travel, and 

federal workers, fully vaccinated and not vaccinated, should consult these resources 

carefully before deciding to travel. Additional resources for official travel can be 

found on the GSA COVID-19 Information Site. Employees should be aware that they 

may be required to stay at home for a period of time after official or personal travel 

(typically allowing the employee to request personal leave or telework 

accommodations when it results from personal travel, if an employee is otherwise 

expected to be present onsite) before they are allowed to return to the workplace, as 

well as following any testing guidance once issued. Given current levels of 

transmission in the United States, official domestic travel should be limited to only 

mission critical trips. International travel should also be avoided if possible. 

Until further notice, any mission critical travel must be approved in advance by the 

Office of Executive Director and the FMSHRC Team. The FMSHRC Team will 

review existing guidance and consider the need for developing supplemental protocols 

for evaluating the risks from travel associated with mission critical work. 

Commuting

Employees and contractors using public transportation to commute to and from the

workplace must follow all federal, state, and local COVID-19 guidance governing

these services. If a mass transit agency has limited the services it provides such that

it will impact a person’s ability to travel to and from the office in a timely manner,

that person should notify their supervisor and an adjustment to their work schedule

may be approved at the supervisor’s discretion. Additional guidance will be 

forthcoming as it relates to public transportation.

Reasonable Accommodation

A “reasonable accommodation” under the Rehabilitation Act and Americans with 

Disabilities Act includes modification to a workplace policy due to a disability-related 

need of a FMSHRC employee. Reasonable accommodations may be required and 

provided to employees working from home. Accommodations may relate to COVID19 itself if employees acquire the illness and need modifications in order to perform 

the essential functions of their positions. Additionally, accommodations may relate to 

other medical conditions, unrelated to COVID-19, but which impact an employee’s 

ability to perform the essential functions of their position. Employees should contact 
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their supervisors and the Disability Program Coordinator, Michael Chirico 

(mchirico@fmshrc.gov) to determine whether, and what, accommodations may be 

provided.

Confidentiality and Medical Privacy

All medical information collected from personnel, including test results and any other 

information obtained as a result of testing and symptom monitoring, will be treated 

confidentially in accordance with applicable law, and accessible only by those with a 

need to know in order to protect the health and safety of personnel and manage 

COVID-19 protocols. The point of contact for all questions relating to personal 

medical data at FMSHRC is Lisa Boyd at lboyd@fmshrc.gov and Michael Chirico at 

mchirico@fmshrc.gov. Medical information requested and provided pursuant to a 

request for reasonable accommodation will be handled consistent with FMSHRC 

policy on Reasonable Accommodation. 

V. FACILITIES

A. Building Management Initiatives

i. Headquarters Office – National Place Building Management will continue to work

diligently to ensure the safety of all building tenants and visitors. Below is a

summary of the key elements of their approach.

General Building Health and Safety Plan –

• Signage is posted throughout the building reminding tenants and visitors

about the CDC’s recommendations, including facemasks, six feet

distancing, hygiene, and the symptoms of COVID-19.

• There are enhanced tenant and visitor management guidelines, and

security desks are retrofitted with screen shields to protect tenants,

visitors, and staff.

• There are updated elevator protocols that limit the number of

individuals per elevator.

• Hand sanitizers are available throughout common areas and at points

of access, including elevators.

• At this time, employees not fully vaccinated are required to wear masks. All 

employees should defer to building management guidelines for wearing 

facemasks and social distancing in lobbies, elevators, and all other 

common areas.
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ii. Denver Satellite Office – This facility is managed by GSA. Building management 

staff will continue to clean the facility according to CDC guidelines. All cleaning

products are EPA approved. Employees should defer to building management 

guidelines for wearing facemasks and social distancing in lobbies, stairwells, and all 

other common areas.

At this time, GSA staff will continue to take the following safety measures:

• Employees not fully vaccinated are required to wear masks.

• Consistently sanitize common areas (elevators, doors, handrails, etc.); and

• Require social distancing.

Building security personnel will continue to screen all visitors by asking a series of

questions such as if they have traveled internationally or domestically within the

last 14 days; if they have a fever of 100.4° F (38° C), cough, or have been sick

within the previous three days; and if they have been tested for COVID-19.

iii. Pittsburgh Satellite Office – MSREP Building Management will continue to work

diligently to ensure the safety of all building tenants and visitors by adhering to CDC 

guidelines. All cleaning products are EPA approved. Below is a summary of the key

elements of their approach:

General Building Health and Safety –

• Signage is posted throughout the building reminding tenants and visitors

about the CDC’s recommendations, including facemasks, six feet 

distancing, hygiene, and the symptoms of COVID-19.

• There are updated elevator protocols that limit the number of

individuals per elevator.

• Hand sanitizers are available throughout common areas and at points

of access, including elevators.

• At this time, employees not fully vaccinated are required to wear masks. All 

employees should defer to building management guidelines for wearing 

facemasks and social distancing in lobbies, elevators, and all other 

common areas.

B. Ventilation and Air Filtration 

To the extent feasible, FMSHRC management will work with GSA-leased

building management offices for all locations to ensure that heating, ventilation 

and air conditioning systems optimize indoor ventilation. These include:
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a. ongoing inspections and maintenance of all building systems

to confirm that they remain in good working order and are

operating properly;

b. programming bathroom exhaust fans to operate continuously; and

c. completing a total air-flushing of the building and confirming 

that the heating, ventilation and air conditioning system will

continue to operate with high-efficiency filters 24/7 during the

week, with additional external air brought into the building on

a continuous basis.

C. Environmental Cleaning 

Best-practice protocols described below are in place for cleaning and disinfection 

to help minimize any contamination of surfaces (fomites), particularly common 

area high touchpoints (i.e., doorknobs, handrails, elevator cabs, turnstiles, kiosks, 

and parking pay stations).

Enhanced cleaning in common use/high touch/high density spaces, such as 

lobbies, restrooms, copier and printer areas, kitchenettes, elevators, and stairwells 

will be conducted by janitorial personnel. Office space that is in regular use will 

be cleaned regularly, and in accordance with CDC guidelines. Wipes and other 

EPA-approved disinfectants will be made available for individuals to wipe down 

their workstation and related personal property. Gloves and other appropriate PPE 

will be made available to workers using cleaning supplies. 

In the event of a suspected or confirmed case of COVID-19 in the workplace (if 

the individual had been in the building up to seven days prior), enhanced 

environmental cleaning will be performed in accordance with CDC and GSA 

guidance. Cleaning will be coordinated with the respective building management 

in the GSA-leased buildings that the agency occupies at headquarters and satellite 

locations. If such enhanced cleaning and disinfecting is required, it will be done 

within 24 hours. Personnel and visitors may be asked to vacate the affected space 

until cleaning or disinfection is completed. 

All cleaning solutions and disinfectants are Environmental Protection Agency

approved.

D. Elevators

Regardless of vaccination status, Individuals must wear masks in elevators and in 

elevator lobbies if required by building management. Where possible, signage 

will be posted to explain current procedures at all locations. At headquarters, 

National Place building management has also provided signage at the two 

elevator bays that enable access to our office suites. As informed by National 

Place building management, implementation of social distance protocols at 

elevators have been programmed in a manner to prevent overcrowding. Similar 
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restrictions will be implemented by building management at the satellite offices 

and personnel will be informed accordingly.

E. Visitors

By leveraging technology and modifying work processes, FMSHRC has been 

able to ensure continuity of the agency’s mission virtually and without requiring 

members of vulnerable populations to come onsite. The agency has suspended all 

in-person hearings, oral arguments, public meetings, settlement 

judge conferences, and mediations until further notice. Visitation is also 

suspended indefinitely until further notice when the FMSHRC Team and the 

Safer Federal Workforce Task Force decide it is appropriate to resume normal 

occupancy and operations. An exception exists for OED vendors who are 

assisting with technology support and maintenance. The FMSHRC Team may 

evaluate the need for additional guidance as the COVID situation evolves. 

F. Shared Spaces 

FMSHRC will plan for controls that help prevent the spread of COVID-19 

infection through shared spaces and equipment. Shared tools and equipment must 

be disinfected by users anytime the equipment is used by or transferred to a new 

person, and disinfectant wipes will be provided. This includes phones, computers 

and other communication devices, kitchen appliances, and other office equipment. 

Refrigerators, water coolers, and coffee brewers with disposable cups (or a 

personal re-usable cup/container) and single serve condiments and creamers may 

be used with proper hand hygiene. Visual markers will be installed to promote 

physical distancing within common spaces, and furniture may be removed or 

disabled. Steps may be taken to limit the number of people who can use common 

spaces at any one time, and signage outlining these limits will be prominently 

displayed. Areas such as the workout room and showers will be off-limits to 

personnel until further notice. 

VI. PROTOCOLS

A. Masks

If you are fully vaccinated (at least 2 weeks past your final dose), you are no 

longer required to wear a face mask in a federal workplace per CDC guidance. All

personnel not fully vaccinated will be required to wear face masks that cover the 

mouth and nose and adhere to CDC recommendations when present at FMSHRC 

facilities. In addition, while in lobbies, elevators and other common areas of the 

buildings in which FMSHRC facilities are located, all employees are required to 

adhere to any face mask requirement implemented by building management. If 

needed, the agency will provide washable and reusable masks and/or disposable 

masks to employees, contractors, and visitors, in accordance with OSHA and 

CDC guidelines, to the extent permitted by law and subject to the availability of 

appropriations and resources. 
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Masks must fit properly (snugly around the nose and chin with no large gaps 

around the sides of the face). Masks should be non-medical disposable masks, 

masks made of 2 or more layers of breathable fabric (such as cotton) that is tightly 

woven (i.e., fabrics that do not let light pass through when held up to a light 

source). Novelty/non-protective masks, including neck gaiters and bandanas, 

masks with ventilation valves, or face shields as a substitute for masks will not be 

permitted in the federal workplace. 

Masks should be worn consistently in any common areas or shared workspaces 

(including open floorplan office space, cubicle embankments, and conference 

rooms, as well as in high traffic areas where social distancing cannot be achieved 

(e.g., busy hallways, lobby, and elevators). Personnel will be required to use face 

masks when interacting with others, for instance, in conference room meetings 

and in offices where social distancing cannot be achieved. 

Following are exceptions that may be provided consistent with CDC guidelines 

when masks may not need to be worn: 

1) If you are fully vaccinated (at least 2 weeks past your final dose);

2) When an individual is alone in an office with floor to ceiling walls and a 

closed door or for a limited time when eating or drinking and maintaining 

distancing in accordance with CDC guidelines; and

3) Individuals with sensory, cognitive, or behavior issues that are unable to wear 

a mask properly or cannot tolerate a mask will receive a special 

accommodation. A special accommodation will be made for individuals with 

required documentation from their doctor, which is in accordance with 

existing Equal Opportunity Employment Commission guidance. 

B. Physical Distancing

Physical distancing is required for all individuals who are not fully vaccinated (at 

least 2 weeks past the final dose). For those individuals, to the extent practicable, 

individuals will maintain a distance of at least six feet from others, consistent with 

CDC guidelines, including in offices, conference rooms, and all other communal 

and workspaces. Reconfiguration of workspaces or office assignments, and other 

mitigation strategies will be implemented to minimize in-person interactions. 

Physical distancing will be imposed on common areas in a number of ways by the 

FMSHRC Team and building management – through signage that notes 

appropriate distance where lines may form, by placing markers in elevators to 

note where occupants can stand while maintaining appropriate distance as well as 

the maximum number of people who can ride in an elevator car at a time, and 

designating one-way stairwells, hallways, walkways, etc. 

Virtual meetings must be employed wherever possible, even for employees in the 

same worksite. If a face-to-face meeting is required, furniture should be removed 

from conference spaces in order to prevent exceeding appropriate limits. These 

limits include 25% of the maximum room capacity, allowing for occupants to 
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maintain appropriate physical distance based on the length of the meeting and 

environmental factors, local public health orders that limit the size of gatherings, 

and other relevant considerations (whichever is lower). 

All office workspaces will enforce physical distancing and occupancy limits as 

stated in Chapter IV, Section B. Office Locations Occupancy and Safety, by 

employing staggered work times, cohort-based scheduling, etc. Employees may 

not be seated within six feet of one another. 

When proper physical distancing is impossible, alternate methods of mitigation 

will be considered. Physical barriers such as plexiglass shields may be installed 

where appropriate (e.g. fixed locations such as hearing rooms, conference rooms, 

etc.).

Physical distancing is not a substitute for wearing masks. Individuals who 

are not fully vaccinated should maintain distance and properly wear masks.

C. Testing

As required in Executive Order 13991, the CDC is developing and submitting a 

testing plan for the federal workforce to the National COVID-19 Response 

Coordinator. Once that plan is available, the inter-agency Safer Federal 

Workforce Task Force will follow up with government agencies to provide 

additional guidance. FMSHRC’s Team will work closely with the Task Force to 

implement the plan and will provide timely and transparent communication about 

testing to the FMSHRC workforce.

D. Contact Tracing

The FMSHRC Team will collaborate with and support the contact tracing 

programs of local health departments to help identify, track, and manage contacts 

of COVID-19 cases. The agency’s Executive Director will coordinate with 

building managements for the agency’s GSA-leased spaces to implement 

infection control and workplace safety efforts once informed of a case of COVID19 (either due to specific symptoms or positive test).

The agency’s Executive Director in coordination with building management for 

the agency’s GSA-leased spaces has the responsibility to make disclosures to 

local public health officials as required or necessary to provide for the public 

health and safety of federal employees and contractors, in accordance with local 

public health mandates. 

If three COVID-19 cases occur within a specific building or work setting, it will 

be the responsibility of the agency’s Executive Director, or a satellite designee, to 

determine—in consultation with local public health officials—appropriate next 

steps. FMSHRC, in coordination with building management for the agency’s 

GSA-leased spaces, is transparent in communicating related information to the 
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workforce, as relevant and appropriate, consistent with local and federal privacy 

and confidentiality regulations and laws.

E. Vaccinations

Executive Order 13991 tasks the Safer Federal Workforce Task Force with 

providing guidance on vaccine prioritization, distribution, and administration. 

Once the Task Force has developed the appropriate policies and procedures, the 

FMSHRC Team will coordinate with the Task Force regarding vaccine 

availability for federal employees should they wish to obtain it.

F. Exposure Notification 

If the Executive Director or FMSHRC Team discovers or is notified that a person

who has been present in the workplace has tested positive for COVID-19 or has

been diagnosed as having symptoms consistent with COVID-19, employees

and contractors who were also present in the workplace and in close contact

with that person will be notified by the agency of any potential exposure. CDC

guidance defines close contact as being within six feet of an infected person for

a cumulative total of 15 minutes or more over a 24-hour period starting from 48

hours before illness onset until the time the infected person is isolated.

If you receive a notification of potential exposure, you will be required to

telework, maintain social distancing, and self-monitor until 14 days from the

last date of exposure before returning to the workplace. Following any

notification that a person who has been present in agency office space has

tested positive for COVID-19 or has been diagnosed with symptoms consistent

with COVID-19, the FMSHRC Team will have the office space cleaned and

disinfected.

Employee confidentiality will be maintained at all times in accordance with

Equal Employment Opportunity Commission guidance. This means that

FMSHRC management will not share the name of the person who has tested

positive for the coronavirus or has been diagnosed as having symptoms

consistent with COVID-19. Any FMSHRC employee or contractor with a

suspected or confirmed COVID-19 will be advised to isolate, pursuant to CDC

guidelines, and in compliance with local laws/regulations.

G. Symptom Monitoring and Procedures for Authorized Entry

Employees and contractors are required to monitor themselves for any symptoms

related to COVID-19, such as fever of 100.4° F (38° C) or cough, before

departing for and/or arriving at the workplace.

As part of this self-screening process, all personnel performing duties in the
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workplace, regardless of vaccination status, must follow the procedures for 

authorized entry outlined below by completing the FMSHRC COVID-19

Screening Tool referenced in Appendix A before entering the workplace on any

given day. A completed form is required for each day that employees and 

contractors are scheduled to be present in the workplace. Personnel cannot

enter the workplace without completing and submitting this form.

i. Employees and contractors – procedure for authorized entry 

For each day personnel plan to enter a FMSHRC office, they must complete the 

FMSHRC COVID-19 Screening Tool Form (provided separately). Completing 

the tool requires three steps:

1) Step 1. Name. At the top of the form, employees and contractors insert their 

name. 

2) In Step 2. Access Request Details, employees need to 

a. select the office location,

b. enter the authorizer’s name who has given specific written 

permission (email) for employees to be in the office that specific 

day, and 

c. insert the dates for which access has been granted by the authorizer. 

3) On the day of the visit, and before leaving their home, employees must 

complete Step 3. Daily Questionnaire and Signature by 

a. reviewing and answering all the COVID Screening Questions.

b. digitally signing the document indicating all the information they 

have provided is true and complete, and

c. selecting the Email Completed Form button, which will 

automatically attach the form to an email message and include 

officesafety@fmshrc.gov as the recipient. 

• Please note that the form can be fully completed and signed electronically. 

However, employees may print the form, complete it on paper, scan it, and 

e-mail it to officesafety@fmshrc.gov. If employees do not have access to a 

scanner, they may take a clear and legible digital photo of the completed 

form and submit it by e-mail as well.

ii. Supervisors and managers – responsibilities on procedures for authorized entry

1) It is the supervisors’ responsibility to ensure that any employee or contractor 

under their supervision does not enter a FMSHRC office without their 

specific authorization, provided in writing via e-mail or text message. It is 

also supervisors’ responsibility to ensure that any personnel member is 

aware of the requirement that for each day they enter an FMSHRC office, 

they submit a completed and signed Screening Tool Form to 

officesafety@fmshrc.gov.

2) Prior to giving any employee or contractor authorization to enter a 
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FMSHRC office, supervisors must obtain the written authorization (e-mail 

or text) of the Executive Director or in cases of absence, her designee, who 

will grant requests for such authorization in consultation with the FMSHRC 

Team, if needed. 

3) For any day on which supervisors enter a FMSHRC office themselves, they 

must obtain prior authorization from their department head and follow the 

three steps to submit a completed Screening Tool Form to 

officesafety@fmshrc.gov. Supervisors and managers who report to the head 

of a Department should list the Department head as the authorizer. The 

Executive Director will serve the role of authorizer for Department Heads. 

• Please note that Supervisors and Managers can submit a form that has been 

completed and signed electronically, or they may print the form, complete it 

on paper and then scan and e-mail it. If they do not have access to a scanner, 

they may take a clear and legible digital photo of the completed form and 

submit the photo by e-mail.

Screening Tool records will be maintained by the Executive Director only as long as 

necessary to ensure safety and controlled access during the pandemic. Employee 

confidentiality will always be maintained in accordance with Equal Employment

Opportunity Commission guidance. 

All personnel are responsible to keep themselves and their coworkers safe. They 

should stay home if they have a fever of 100.4° F (38° C) or any of the symptoms

related to COVID-19 as defined above. 

THIS POLICY IS EFFECTIVE ON MAY 28, 2021

____________________________________________________ 

ARTHUR R. TRAYNOR, III, CHAIR

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
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APPENDIX A
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