FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

COVID-19

RETURN TO THE FEDERAL WORKPLACE AGENCY PLAN

July 2020
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

RETURNING TO FMSHRC FACILITIES AGENCY PLAN 

July 2020

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

high standard for protecting the health and safety of FMSHRC’s workforce during the 

COVID-19 pandemic while ensuring continuity to support the agency’s mission. 

FMSHRC’s Chairman and Senior leadership team (“Leadership”) plan to use a wellplanned and realistic phased approach for returning Federal employees and support 

service contractors in our Headquarters and Satellite offices to the workplace in 

accordance with the Opening Up America Again, OMB memo M-20-23, Aligning Federal 

Agency Operations with the National Guidelines for Opening Up America Again, or 

superseding guidelines. Leadership will also serve as the FMSHRC COVID-19 

Response Team, who will protect the privacy of all personnel, monitor and report on 

possible or confirmed COVID-19 cases and take all necessary action.

FMSHRC’s phased approach is based on the three gates of the “Opening Up America 

Again”1 plan and the guidance provided by the Centers for Disease Control (CDC).

2

 

During the gating period, the agency will continue in “Maximum Telework Flexibility” 

operating status. Leadership will monitor applicable state and local orders and will 

consider the spirit and intent of those orders to the maximum extent possible while 

implementing its plan. Leadership will access their departments to ensure all essential 

functions are being covered. 

Leadership will provide opportunities for self-wellness checks for employees and 

contractors to ensure everyone is healthy and safe. Such self-wellness checks will be 

strictly voluntary. Self-wellness checks shall be conducted by the individual(s) 

concerned and should include self-temperature checks, recording temperature and 

symptoms by date, and completing the CDC’s Self-Checker as needed.

3 All equipment 

for self-wellness checks will be provided by FMSHRC, and all communications with 

regard to self-wellness checks will be by phone or email. Leadership will also generate

periodic reports of such self-wellness checks. The Chairman will make all decisions on 

any necessary changes to the phased approach process outlined in this plan.”

The gating criterion listed below will be used as a guideline during the decision making 

process upon notification from local jurisdictions (city, counties, or districts) surrounding 

FMSHRC offices located in Washington, DC, Denver, CO, and Pittsburgh, PA. The 

 1 The Opening Up America Plan can be found at https://www.whitehouse.gov/openingamerica/.

2 CDC Guidance can be found at https://www.cdc.gov/coronavirus/2019-ncov/index.html.

3 The CDC Self-Checker can be found at https://www.cdc.gov/coronavirus/2019-ncov/symptomstesting/symptoms.html.
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COVID-19 Wellness Monitor, designated by Leadership, will review trends in these 

jurisdictions and provide Leadership with periodic reports. 

• Gate 1 – Symptoms: Downward trajectory of influenza-like illness (ILI) reported 

within a 14-day period AND downward trajectory of COVID-like syndromic cases 

within a 14-day period.

• Gate 2 – Cases: Downward trajectory of documented cases within a 14-day 

period or downward trajectory of positive tests as a percent of total tests within a 

14-day period (flat or increasing volume of tests). 

• Gate 3 – Hospitals: Treat all patients without crisis and robust testing program 

in place for at-risk healthcare workers, including emerging antibody testing. 

Once a jurisdiction meets the criteria in each gate, FMSHRC’s operating status will be 

announced by the Chairman or his/her designee that the office location will be preparing 

for reentry under a phased approach. 

Phase Descriptions

The phased approach begins with the gating period followed by Phase 1, Phase 2, and 

Phase 3. Leadership will continue to access any community changes as a basis for

risk-based decision-making regarding progressing or regressing through the phases. 

Gating Period Phase

• Incident Reporting: Incident reporting strategies have been implemented by 

Leadership to routinely check in on employees and contractors as well as their 

families to ensure their health and well-being, while also protecting their privacy. 

Employees have been encouraged to inform their immediate supervisor of any 

issues that arise during COVID-19, which may impact their mandatory telework 

status. Contractors have been advised to contact their staffing agencies with any 

urgent needs or concerns. The contracting agency will notify the Executive 

Director or one of her/his Contracting Officer Representatives (CORs), and the 

appropriate steps will be initiated thereafter. National Place Building 

management remains proactive in notifying tenants of positive cases reported in 

the building and on FMSHRC headquarter’s occupied floors. Pittsburgh and 

Denver office’s building management continue to provide similar information to 

those respective offices.

• Plan for Phased Return: Leadership will assess their departments and 

recommend the number of employees and support service contractors that are 
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reasonably able to return to headquarters and satellite offices during each phase. 

Data calls will be generated by the Office of the Executive Director to assist 

senior management in determining the status of employees in each department 

prior to each phase. Senior management will provide updates to the Chairman 

during scheduled weekly meetings, at a minimum, to ensure that the proper 

guidelines are followed for social distancing and to gauge the number of 

personnel anticipated to be onsite and working alternate schedules during phase 

1 and phase 2. 

• Guidance for Managers and Returning Employees: The Office of the Executive 

Director will develop standard guidance to facilitate consistent messaging to 

employees and contractors who are returning to the workplace. Messages may 

include, but not be limited to, instructions that personnel stay home if they have 

flu-like symptoms, expectations for social distancing at the office, use of common 

areas such as the kitchenette/lounge, onsite gym and shower rooms, and any 

new entry procedures as they arise. Employees and contractors identified to 

return to the workplace will also be provided with instructions on how to selfidentify as being vulnerable (as defined in Appendix B of the FMSHRC 

Framework), to facilitate telework procedures or to use Weather and Safety 

Leave (WSL), as appropriate. Managers/supervisors will receive additional 

training to explain the FMSHRC Framework, discuss the expectations for safely 

returning to the workplace, and answer questions. The training will be provided 

prior to the start of Phase 1 and the start of Phase 2 targeted to those 

supervisors, employees and contractors who will return to the headquarters and 

satellite offices. 

• Monitoring for local case trajectory and conditions: The COVID-19 Wellness 

Monitor will continuously monitor the local conditions of each office location to 

assist in determining when to initiate Phase 1 and subsequent phases. 

• Communications: Leadership will maintain transparent discussions with 

personnel and key external stakeholders as it plans and initiates a risk-based 

phased approach to return employees and contractors safely onsite. 

• Sanitization of all office facilities: After all offices were vacated in March, 

FMSHRC secured janitorial cleaning contractors to sanitize Headquarters and 

Satellite offices with electrostatic level 3 deep sanitizing cleaning methods. 

Similar cleaning methods will be repeated before employees return to the 

workplace and will be continued on an as-needed basis. 
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• Establishment of Enhanced Screening criteria and protocols: FMSHRC will use 

CDC-informed enhanced entrance screening criteria to determine whether an 

individual (e.g., Federal employee, onsite support service contractor, or visitor) 

may enter an office. Returning personnel will receive communications restricting

their entrance to the workplace if they have flu-like symptoms, including a 

temperature over 100.4 degrees. Notices will be posted outside all Headquarters 

and Satellite office suites with the following, or similar, questions: 

1. Today or within the last 10 days, have you had a fever, an unusual 

cough, shortness of breath, and/or difficulty breathing?

2. Within the last 14 days, have you had close contact with someone who 

has been sick with COVID-19?

3. Within the last 14 days, were you told to self-quarantine?

Individuals answering “yes” to any of these questions will not be permitted to 

enter the office. Employees will be returned to telework status or placed on sick 

leave or WSL, as appropriate until they can answer the questions satisfactorily. 

Support service contractor employees will report back to their employer, who will 

coordinate with the FMSHRC contracting officer or her/his designee. In the event 

an employee or contractor begins to feel flu-like symptoms while in the office, 

contactless thermometers have been procured for each office and will be 

maintained in onsite medical emergency kits. Instruction will be given that any

employee or contractor developing a temperature while onsite will notify their 

supervisor and leave the office immediately. 

• Implementation of social distancing protocols: The following social distancing 

protocols will be implemented for Phase 1 and will be reviewed and revised, as 

necessary, prior to initiating subsequent phases:

o Face Coverings: All personnel are strongly encouraged, but not required, 

to wear face coverings while in FMSHRC office facilities, especially high 

traffic areas where social distancing cannot be achieved (e.g., busy 

hallways, lobby, and elevators). Personnel who wish to use a face 

covering will be supplied several washable and reusable masks. 

 

o Common Areas: Areas such as the workout room and showers will be 

off-limits to Personnel until Phase 3. The kitchenettes and coffee stations 
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are limited to 1 person in the Satellite offices and Headquarters 5th floor 

and 4 persons in Headquarters 14th floor. Appliances such as microwaves 

and coffeemakers must be wiped down before and after use, or 

alternatively, individuals must wear disposable gloves while handling 

appliances. Only disposable plates and utensils will be allowed. As 

informed by National Place building management, elevators will be 

programmed in a manner to prevent overcrowding. Similar restrictions 

may be implemented by building management at the Satellite offices.

o Meetings and Other Gatherings: To the extent practical, meetings will 

continue to be held using virtual tools. In-person meetings (Phase 1 and 

beyond) will require recommended social distancing (six feet) between 

participants and will include a limited number of attendees. Conference 

rooms and hearing rooms will have modified seating and capacity controls 

to ensure social distancing. 

o Evaluation of Workspace Redesign: FMSHRC has limited open 

workspaces. Open workspaces that do not allow at least six feet between 

employees may be redesigned and/or personnel may be required to work 

onsite in shifts, combined with telework, to allow for social distancing. 

o Hygiene items and services: FMSHRC has touchless hand sanitizers 

installed throughout Headquarters and will ensure that adequate supplies 

are provided or installed in the Satellite offices. 

o Health Awareness Alerts and Signage postings: FMSHRC will use 

innovative measures to increase its signage in the Headquarters and 

Satellite offices reminding personnel to use proven hygiene practices and 

social distancing protocols, to report any COVID-like symptoms and to 

stay home when ill. 

Phase 1 Strategic Objectives:

• Continue to encourage telework.

• Continue FMSHRC COVID-19 Response Team meetings.
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• Continue to prohibit non-essential travel and adhere to the CDC guidelines 

regarding essential travel. 

• Close all common areas where personnel are likely to congregate and interact or 

enforce strict social distancing protocols. 

• Strongly consider special accommodations 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.

• At the discretion of Leadership, personnel may be required to return to assigned 

FMSHRC offices to perform essential duties while observing all prescribed safety 

precautions. 

Phase 1 Protocols for Implementation:

• Dependent Care Operability: Telework will be encouraged for employees whose 

schools are closed and/or who lack dependent care disrupted due to COVID-19.

• Transportation and Parking: Telework will be encouraged for employees whose 

transit or parking options are disrupted due to COVID-19.

• Building Management/Cleaning: Cleaning services provided by building 

management will remain in effect with an increase in frequency with the cleaning 

of high-touch areas (i.e., elevators, door handles, and restrooms). 

• Cleaning Supplies: Disinfecting items will continue to be procured and placed in 

kitchenettes, copier rooms, printers, and at shared equipment along the corridors 

for personnel use. Personnel will also have access to adequate supplies of hand 

sanitizers or sanitizing wipes. 

• Personal Protective Equipment: OED facilities team will continue to ensure 

personnel have an adequate supply of PPE (face masks and gloves) available. 

CDC guidelines recommend face coverings. Personnel will be provided several 

masks for their use while in the office, especially in elevators and common areas 

throughout the office. Personnel may also visit this link to the CDC website 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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should they desire to design their face masks.

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-makecloth-face-covering.html .

• Social Distancing:

o Face Coverings: Personnel are encouraged, but not required, to wear 

face coverings while in FMSHRC office facilities, especially high traffic 

areas where social distancing cannot be achieved (e.g., busy hallways, 

lobby, and elevators). Personnel who wish to use a face covering will be 

supplied several washable and reusable masks. 

o Evaluation of Workspace Redesign: FMSHRC has limited open 

workspaces. Open workspaces that cannot be reconfigured to allow at

least six feet between personnel will necessitate work to be scheduled 

onsite in shifts combined with telework.

o Health Awareness Alerts and Signage postings: FMSHRC’s OSHA 

team will increase its signage within the Headquarters and Satellite offices 

reminding personnel to use proven hygiene practices and social 

distancing protocols, to report any COVID-like symptoms to their 

immediate supervisor, and to stay home when ill.

• Contract Management: Contracting Officers and Contracting Officer 

Representatives will review all contracting documents to determine the need for 

amendments to ensure the ongoing concern of services and supplies. 

• Communication Plan: Leadership will continue to report to all personnel on the 

status of the agency’s reopening strategy and provide at least one week’s notice 

of the scheduled reopening date of each office, and the transition or regression to 

Phases.

Phase 2 Strategic Objectives

• Continue to encourage telework and phase in personnel who are able to return to 

their regular work schedule.

• Continue FMSHRC COVID-19 Response Team meetings.
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• Continue to evaluate non-essential travel and adhere to the CDC guidelines 

regarding both essential and non-essential travel. 

• Close all common areas where personnel are likely to congregate and interact or 

enforce strict social distancing protocols.

• Continue to strongly consider special accommodations 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.

• At the discretion of Leadership, personnel may be required to return to assigned 

FMSHRC offices to perform essential duties at their regular work schedules while 

observing all prescribed safety precautions. 

Phase 2: Protocols for Implementation

• Dependent Care Operability: Telework will be encouraged for employees whose 

schools are closed and/or who lack dependent care disrupted due to COVID-19.

• Transportation and Parking: Telework will be encouraged for employees whose 

transit or parking options are disrupted due to COVID-19.

• Building Management/Cleaning: Cleaning services provided by building 

management will remain in effect with an increase in frequency with the cleaning 

of high-touch areas (i.e., elevators, door handles, and restrooms). 

• Cleaning Supplies: Disinfecting items will continue to be procured and placed in 

kitchenettes, copier rooms, printers, and at shared equipment along the corridors 

for personnel use. Personnel will also have access to adequate supplies of hand 

sanitizers or sanitizing wipes. 

• Personal Protective Equipment: OED facilities team will continue to ensure 

personnel have an adequate supply of PPE (face masks and gloves) available. 

CDC guidelines recommend face coverings. Personnel will be provided several 

masks for their use while in the office, especially in elevators and common areas 

throughout the office. Personnel may also visit this link to the CDC website 

should they desire to design their face masks. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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July 2020

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https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-makecloth-face-covering.html .

• Social Distancing:

o Face Coverings: Personnel are encouraged, but not required, to wear 

face coverings while in FMSHRC office facilities, especially in high traffic 

areas where social distancing cannot be achieved (e.g., busy hallways, 

lobby, and elevators). Personnel who wish to use a face covering will be 

supplied several washable and reusable masks. 

o Evaluation of Workspace Redesign: FMSHRC has limited open 

workspaces. Open workspaces that cannot be reconfigured to allow at

least six feet between personnel will necessitate work to be scheduled 

onsite in shifts combined with telework. 

o Health Awareness Alerts and Signage postings: FMSHRC’s OSHA 

team will increase its signage within the Headquarters and Satellite offices 

reminding personnel to use proven hygiene practices and social 

distancing protocols, to report any COVID-like symptoms to their 

immediate supervisor, and to stay home when ill.

• Contract Management: Contracting Officers and Contracting Officer 

Representatives will continue to review all contracting documents to determine 

the need for amendments to ensure the ongoing concern of services and 

supplies. 

• Communication Plan: Leadership will continue to report to all personnel on the 

status of the agency’s reopening strategy and provide at least one week’s notice 

of the scheduled reopening date of each office, and the transition or regression to 

Phases. 
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Phase 3 Strategic Objectives

:

• Resume unrestricted staffing of all FMSHRC worksites (Headquarters, Denver, 

CO, and Pittsburgh, PA).

4

• Review and revise, as necessary, implemented social distancing protocols. 

• Review personnel requests for special accommodations (in particular, telework or 

alternative scheduling) on a case-by-case basis.

As the circumstances informing movement from one phase to another change, 

Leadership will consider reverting to a previous phase, including telework, should gating 

criteria indicators drastically decline in the communities surrounding operating sites. 

 4 During Phase 3, vulnerable populations can resume public interactions but should practice physical distancing, 

minimizing exposure to social settings where distancing may not be practical, unless precautionary measures are 

observed, and low-risk populations should consider minimizing time spent in crowded environments. 
FMSHRC Return to the Federal Workplace Framework

July 2020

Appendix A – Phase 1

CURRENT GATING CRITERIA AS DEFINED BY OMB MEMORANDUM M-20-23

(THESE CRITERIA MAY CHANGE IF SUBSEQUENT GUIDANCE IS ISSUED)

National Gating 

Criteria: 

SYMPTOMS: Downward trajectory of influenza-like illnesses reported within a 14-day period 

AND downward trajectory of COVID-like cases reported within a 14-day period. 

State/Local and 

FMSHRC Federal 

Conditions

CASES: Downward trajectory of documented cases within a 14-day period OR Downward 

trajectory of positive tests as a percent of total tests within a 14-day period. 

HOSPITALS: Treat all patients without crisis care AND Robust testing program in place for atrisk healthcare workers, including emerging antibody testing. 

LOCAL CONDITIONS: Leadership will consider local conditions, such as state/regional stayat-home orders, school closings, daycare closings, and the availability of public transportation. 

Local conditions will inform whether the return-to-workplace process will begin.

Identifying Phase 1

Returning Personnel

Leadership will identify mission-critical personnel whose jobs are better performed onsite than 

teleworking, considering the controls in place for return-to-workplace. 

Self-identified vulnerable personnel, as well as those who live with or provide care for 

individuals in the vulnerable population, will not be required to return to the workplace in Phase 

1. Personnel who are responsible for caregiving in instances where services are closed due to 

COVID-19, as defined in OPM’s COVID-19 guidance released to all agencies, will be Excused 

Absence for Caregiving, and will be permitted to continue to telework. Other personnel not 

returning onsite will be permitted to continue to telework or will remain on Weather and Safety 

Leave, as determined by their supervisor. 

Preparing the Facility

The Office of the Executive Director (OED) Facilities Team will implement and communicate to 

personnel and onsite support service contractors, enhanced entrance screening and social 

distancing protocols. Contactless thermometers have been purchased. 

All offices will install additional hygiene equipment, as required, signage on hygiene best 

practices, enhanced entrance screening requirements, and social distancing protocols. 

Monitoring 

OED Facilities and the OSHA team will ensure established policies and protocols are followed 

consistently and will make adjustments as needed. 

OED Facilities and the OSHA team will establish self-reporting or other mechanisms for 

identifying persons with symptoms of COVID-19. The Executive Director will report cases to 

designated staff for COVID-19 incident reporting while excluding the personnel name for 

privacy purposes and recommend adjustments to Phase 1, as needed. 

Leadership will monitor local conditions, including the number of cases and closings, and will 

recommend adjustments to the Chairman regarding Phase 1, as needed. 

Travel No non-essential travel will be taking place during Phase 1.

Visitors FMSHRC will implement a no-visitor policy.

Building Services

Buildings in Headquarters and Satellite offices will remain open. Custodial services will be 

provided specifically in high-touch areas and as warranted if there is a report of COVID-like 

symptoms or a reported COVID case. 
FMSHRC Return to the Federal Workplace Framework

July 2020

Appendix B – Phase 2

Gating Criteria: 

State/Local and 

FMSHRC 

Federal

Conditions

CURRENT GATING CRITERIA AS DEFINED BY OMB MEMO M-20-23

(THESE CRITERIA MAY CHANGE IF SUBSEQUENT GUIDANCE IS ISSUED)

Ensure Phase 1 criteria have been met for a second time with no evidence of a rebound. 

Identifying 

Phase 2 

Returning 

Personnel

Leadership will assess the departments and identify any additional personnel whose jobs are 

best performed on-site. 

Self-identified vulnerable personnel, as well as those who live with or provide care for 

individuals in the vulnerable population, will not be required to return to the workplace in 

Phase 2. 

Personnel who are responsible for caregiving in instances where services are closed due to 

COVID-19, as defined in OPM’s COVID-19 guidance released to all agencies, should be 

permitted to continue to telework, if not performing mission-critical work that is required to be 

performed onsite. Other personnel not returning onsite will continue to telework or will remain 

on Weather and Safety Leave, as determined by their supervisor. 

Preparing the 

Facility

OED facilities and the OSHA committee will implement and communicate to personnel and 

onsite support service contractors, enhanced entrance screening and social distancing 

protocols. 

OED facilities and the OSHA committee will install additional hygiene equipment, as needed, 

signage on hygiene best practices, enhanced entrance screening requirements, and social 

distancing protocols. 

Monitoring

Leadership and OED facilities will ensure established policies and protocols are followed 

consistently and will make adjustments as needed. 

Leadership and OED facilities will establish self-reporting or other mechanisms for identifying 

persons with symptoms of COVID-19, report any new cases, and recommend adjustments to 

Phase 2, as needed. 

Travel No non-essential travel will be taking place during Phase 2.

Visitors FMSHRC may allow some visitors to be onsite. All visitors will be subject to enhanced 

entrance screening protocols as applicable and outlined by building management.

Building 

Services

Buildings in Headquarters and Satellite offices will continue to remain open. Custodial services 

will be provided specifically in high-touch areas and as warranted if there is a report of COVIDlike symptoms or a reported COVID case. 
FMSHRC Return to the Federal Workplace Framework

July 2020

Appendix C – Phase 3

Gating Criteria: 

State/Local and 

FMSHRC 

Federal 

Conditions

CURRENT GATING CRITERIA AS DEFINED BY OMB MEMO M-20-23

(THESE CRITERIA MAY CHANGE IF SUBSEQUENT GUIDANCE IS ISSUED)

Ensure Phase 1 criteria have been met for a third time with no evidence of a rebound. 

Identifying 

Phase 3

Returning 

Personnel

All remaining personnel are expected to reenter the workplace and will resume their pre-COVID 

work schedules and telework agreements, as approved by their supervisor. Requests for 

special accommodations will be evaluated through FMSHRC’s reasonable accommodation 

process on a case-by-case basis. 

Preparing the 

Facility

OED facilities and the OSHA committee will continue to implement and communicate to 

personnel, and onsite support service contractors, enhanced entrance screening and social 

distancing protocols. 

OED facilities and the OSHA committee will reevaluate and ensure all hygiene equipment is 

installed, as needed, in accordance with EPA and OSHA regulations. Signage on hygiene best 

practices, enhanced entrance screening requirements, and social distancing protocols will 

remain updated and posted. 

Monitoring

Leadership and OED facilities will ensure established policies and protocols are followed 

consistently and will make adjustments as needed. 

Leadership and OED facilities will establish self-reporting or other mechanisms for identifying 

people with symptoms of COVID-19, report any new cases to the FMSHRC COVID-19 

Response Team, and recommend adjustments to Phase 3, as needed. 

Leadership and OED facilities will monitor local conditions, including the number of cases and 

closings, and will recommend adjustments to Phase 3, as needed. 

Travel All approved travel may resume.

Visitors Visitors may be welcomed back onsite. 

Building 

Services

Buildings in Headquarters and Satellite offices will continue to be open. Measures will be taken 

for social distancing to ensure everyone’s safety.