FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION

COVID-19 TESTING POLICY

JULY 2022

Prepared by: Approved by: ______________________ 

Leslie C. Bayless Arthur R. Traynor III

Chief Operating Officer Chair
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TABLE OF CONTENTS

1. INTRODUCTION................................................................................................................ 3

2. PURPOSE ............................................................................................................................ 3

3. AUTHORITIES.................................................................................................................... 3

4. DEFINITIONS ..................................................................................................................... 3

5. POLICY................................................................................................................................ 5

A. General Policy .............................................................................................................. 5

B. When Screening Testing is Required ........................................................................... 5

C. When Diagnostic Testing is Required.......................................................................... 6

D. Approved Tests............................................................................................................. 6

E. Permissible Testing and Reporting Methods................................................................ 6

F. Test Results................................................................................................................... 7

G. Reimbursement and/or Provision of Tests.................................................................... 8

H. Recordkeeping and Medical Privacy............................................................................ 8

I. Non-Compliance........................................................................................................... 9

6. EFFECTIVE PERIOD ......................................................................................................... 9
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1. INTRODUCTION

This policy guides the establishment and management of the COVID-19 testing program at 

the Federal Mine Safety and Health Review Commission (FMSHRC) which covers screening 

testing and diagnostic testing. The policy on screening testing applies to agency employees 

and full-time contractors (collectively “agency workforce”) who are considered unvaccinated 

against COVID-19. Diagnostic testing applies to the entire agency workforce, regardless of 

vaccination status, although requirements differ for those individuals who are up to date on 

their vaccinations, those who had confirmed COVID-19 within the last 90 days, and those 

who are not up to date with vaccines. 

2. PURPOSE

This policy is intended to enable the agency to take measures to prevent the transmission of 

COVID-19 in the workplace by identifying unknown cases among the agency workforce who 

are considered unvaccinated, who develop symptoms or had a close contact, and who will be 

working onsite or conducting official travel. The Equal Employment Opportunity 

Commission (EEOC) has determined that the presence of an individual with COVID-19 in a 

shared workplace may pose a direct threat to health and safety as defined under the 

Americans with Disabilities Act at 29 C.F.R. § 1630.2(r), and therefore employers may take 

steps to determine whether individuals entering the workplace have the virus.1 This testing 

process serves the agency’s duty to protect the health and safety of its workforce and 

members of the public. 

3. AUTHORITIES

This policy has been created according to a directive from the Safer Federal Workforce Task 

Force2. The task force was created by the President to provide federal agencies with ongoing 

guidance to keep the agency workforce safe and agencies operating during the COVID-19 

pandemic. It is led by the White House COVID-19 Response Team, the General Services 

Administration (GSA), and the Office of Personnel Management (OPM).3 This policy 

applies to contractors according to Executive Order 14042, Ensuring Adequate COVID 

Safety Protocols for Federal Contractors4. 

4. DEFINITIONS

A. Authorized Approver: the agency employee responsible for verifying screening and 

diagnostic test results, approving, or disapproving entry, maintaining testing records, 

and otherwise coordinating with the agency workforce to meet the requirements of 

this policy. This may be the agency’s EEO Director and Disability Program 

Coordinator Michelle Williams, or a direct supervisor, based on individual 

preference. 

1 See https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws and 

https://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q1. 2 https://www.saferfederalworkforce.gov/ 3 Id. 4 See https://www.govinfo.gov/content/pkg/FR-2021-09-14/pdf/2021-19924.pdf
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B. Covered Individuals: any federal employee or full-time contractor employed by the 

agency who is considered unvaccinated (according to Center for Disease Control 

(CDC) guidelines) against COVID-19. 

C. Onsite: an employee or contractor is considered onsite if they are at headquarters, a 

satellite office, or at another location as part of their official duties (e.g., hearing site 

or conference). 

D. Official Travel: travel conducted by the agency workforce under an official travel 

authorization on official business5. 

E. Screening Testing: intended to identify infection with SARS-CoV-2, the virus that 

causes COVID-19, for people considered unvaccinated who are asymptomatic and do 

not have known, suspected, or reported exposure to SARS-CoV-26. 

F. Diagnostic Testing: intended to identify current infection in individuals and occurs 

when an individual has signs and symptoms consistent with COVID-19 and/or 

following recent known or suspected exposure to SARS-CoV-27

. 

G. Close Contact: defined by the CDC as being within six feet of someone who has 

probable or confirmed COVID-19 for a cumulative total of 15 minutes or more over a 

24-hour period8. 

H. Fully Vaccinated: individuals who, after two weeks, have received the requisite 

number of doses of a vaccine approved or authorized for emergency use by the U.S. 

Food and Drug Administration (FDA) or that has been listed for emergency use by 

the World Health Organization9. 

I. Considered Unvaccinated: designation includes individuals who have disclosed that 

they are unvaccinated, not fully vaccinated, or declined to provide information on 

their vaccination status. 

J. Up to Date on Vaccines: defined by the CDC as individuals who have received all 

doses in the primary series and all boosters recommended for them, when eligible10. 

5 See https://www.saferfederalworkforce.gov/faq/travel/ 6 For more information: https://www.cdc.gov/coronavirus/2019-ncov/lab/resources/sars-cov2-testing-strategies.html 7 Id.

8 For more information: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html#closecontact 9 For more information: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/reporting-vaccinations.html 10 For more information: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html 
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5. POLICY

A. General Policy 

Screening Testing requires covered individuals to be tested at least once during any week 

that they intend to be onsite before their first arrival of the week. Covered individuals 

must also be tested during the week they are travelling on official business for the 

agency.

Diagnostic Testing requires the agency workforce to be tested per quarantine, isolation, 

and official travel guidelines, if they develop symptoms or have come in close contact 

with someone with COVID-19. 

As described below, the agency workforce may rely on lab-testing or use home self-test

kits. Test results shall be reported to a designated agency employee authorized to verify 

the results and approve or deny onsite access or official travel for the week (“authorized 

approver”). The process for reporting results depends on the method of testing. The 

agency will provide reasonable reimbursement for costs associated with compliance and 

can provide self-test kits at no cost upon request. 

The agency workforce is entitled to use a reasonable period of duty time to perform any 

testing required under this policy, without taking administrative leave. Whether that 

period is reasonable depends on the method of testing. If it requires more than 30 minutes 

for a home test or more than 90 minutes for point-of-care testing, then individuals must 

provide written documentation explaining the need for additional time to their authorized 

approver. Based on the provided explanation, the authorized approver will determine 

whether the additional time is reasonable. The agency workforce must use leave for any 

additional time beyond a reasonable period. Everyone is expected to make good faith 

efforts to complete tests efficiently.

B. When Screening Testing is Required

If a covered individual plans to be onsite at any point during a given work week, they 

must be tested (and the result must be available) before the first onsite arrival of that 

week. Also, if the covered individual is travelling on official business, they must be 

tested during the week they are conducting official travel. A negative test provides 

coverage for the full week. Testing should be completed during duty hours. 

1. Example: A covered individual routinely comes into the office on Wednesdays 

and Fridays. During a normal week, the individual may complete the required

screening during duty hours on Monday, Tuesday, or Wednesday before arrival. 

They do not have to be tested again between Wednesday and Friday. If the 

individual takes annual leave from Wednesday to Friday in a certain week, testing 

is not required for that week. 

2. Example: A covered individual teleworks full-time but will be in the office for a 

one-time event on a Tuesday afternoon. They may complete the required 

screening during duty hours that Monday, or Tuesday before arrival.
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C. When Diagnostic Testing is Required

If the agency workforce plans to return onsite or conduct official travel after quarantining 

or isolating, they must be tested (and the result must be available) before first onsite 

arrival or official travel date. A negative test provides clearance to leave the required 

quarantine or isolation period. Testing should be completed during duty hours. 

1. Example: An individual who is not up to date on vaccines is expected to end 

quarantine on Tuesday and return to the office on Wednesday, as it has been five

days since the last close contact. The individual must complete the diagnostic 

testing during regular duty hours on Tuesday and receive a negative test result 

before arrival to the office on Wednesday.

2. Example: An individual is expected to end isolation on Thursday and return to the 

office on Friday, as it has been five days since the onset of symptoms, their 

symptoms have improved, and they are fever-free for 24 hours without the use of 

fever-reducing medication. The individual must complete the diagnostic testing 

during regular duty hours on Thursday and receive a negative test result before 

arrival to the office on Friday. If they receive a positive test result, they must 

continue to isolate for five additional days. 

3. Example: An individual, who is up to date with vaccines, has not had confirmed 

COVID-19 within the previous 90 days, and had a close contact five days ago, is 

expected to conduct official travel on Thursday. They must complete the 

diagnostic testing during regular duty hours on Wednesday and receive a negative 

test result for official travel to be approved. 

D. Approved Tests

The agency workforce may use any FDA-approved viral test. Nucleic Acid Application 

Tests (“NAATs”) and Antigen tests are both acceptable.11 The NAAT results generally 

take 1-3 days, while Antigen test results are generally available in under 30 minutes. For 

this reason, Antigen rapid testing is recommended if a covered individual to enter the 

office early in the week. 

E. Permissible Testing and Reporting Methods

Before the agency workforce first tests under this policy, they should choose an 

authorized approver and coordinate with that individual regarding the preferred method 

of diagnostic and screening testing, and the frequency of screening testing. Those who 

wish to be provided with self-test kits by the agency should also discuss this with the 

authorized approver as early as possible. The authorized approver may be their supervisor 

or the EEO Director, Michelle Williams.12 

11 Viral tests are used to detect the virus that causes COVID-19 and determine whether an individual has an infection. Antibody tests are used to 

detect antibodies created in response to COVID-19 and may indicate whether an individual has had a past infection. Only viral tests will be 

accepted for purposes of this screening policy. The two types of viral tests are Antigen tests (most rapid tests) and NAAT tests (most laboratory 

tests). For more information: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/testing.html. 12 If the authorized approver is a supervisor, that supervisor may coordinate and confer with the EEO Director as necessary. 
7

Permissible testing and reporting methods are as follows:

1. Point-of-Care Testing by a Health Professional: This includes COVID-19 test 

sites, pharmacies, doctor’s offices, or other locations where tests are conducted,

and results are read by a health professional. Once the individual receives the 

official results, they would then provide a copy to the authorized approver.

2. Lab-Tested Self-Collection Kits: This refers to tests in which the individual 

conducts the nasal swab and then delivers the sample (by mail or drop-off point) 

to a laboratory for testing. Once the individual receives the official results, they

would then provide a copy to the authorized approver. 

3. Self-Test Kits (At-Home Rapid Tests): This refers to tests where the sample is 

collected and tested by the individual directly, rather than a health professional. If 

an individual chooses to self-test, the results must be verified in real-time by the 

authorized approver. The individual and authorized approver would schedule a 

video call (ex. Zoom, Microsoft Teams, Facetime) during which the individual 

shall open the test kit, follow the sample collection and testing instructions, and 

show the results to the authorized approver.13 Where a covered individual expects 

to have a recurring need for screening testing (e.g., a routine partial telework 

schedule), the covered individual and authorized approver are encouraged to set 

up a regularly scheduled time for this verification process.

F. Test Results

Once the authorized approver has received a copy of the lab results or observed the selftest results, the employee or full-time contractor will receive a written notification (by 

email unless otherwise requested) stating whether the test results have been verified and 

whether they are approved for onsite access or official travel.

If the test result is negative, onsite access and official travel shall be approved.

If the test result is positive, the individual shall not report to the workplace or conduct 

official travel. Instead, they shall telework if feasible or take leave if necessary.

Consistent with CDC guidance regarding isolation, individuals with a positive test result

may test again five full days after the positive test. If the test is negative, then they may 

be permitted to travel and return onsite but should continue to wear a mask for an 

additional five days. If the individual develops symptoms at any point during these 10 

days, the cycle resets and they must wait five days from the onset of symptoms to 

retest.14 A physical return to work and official travel will not be permitted until a test 

provides a negative result.

13 The authorized approver need not directly observe the sample collection, so long as they may reasonably infer that the sample was collected 

from the individual. For example, the individual may open the kit, briefly step out of view to conduct the nasal swab, then return. The authorized 

approver must directly observe and confirm the testing of the strip and reading of the results. The individual shall show the test kit serial number 

to the authorized approver prior to use and at the time of the reading of the results for verification. 14 Regardless of test results, individuals should not attempt to report onsite if suffering from any symptoms associated with COVID-19. If an 

individual with a recent positive test result (less than five days old) attempts to report to the workplace, they will be placed on administrative 

leave until they can provide a negative test result.
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In some circumstances, the authorized approver may not be able to verify test results (for 

example, if lab results are undated or a self-test kit result was unclear). In such cases, the 

authorized approver will notify the individual that a second test is required. The 

individual should not enter the workplace or conduct official travel until a clear negative 

result has been confirmed. 

G. Reimbursement and/or Provision of Tests

The agency will cover reasonable costs associated with compliance with this testing 

policy, either through reimbursement or by providing test kits at no cost to the agency 

workforce.

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Examples of reasonable costs that may be reimbursed include home self-test kits, 

laboratory testing after insurance, and/or local travel for point-of-care testing.

Reimbursement requests are to be processed using Concur. Employees may create a 

reimbursement voucher to submit for approval or may provide the relevant 

reimbursement documentation to Robert Linton in the Office of the Executive Director 

for assistance in creating a voucher.

If employees and full-time contractors would like to be provided with test kits, they

should inform their authorized approver as early as possible. The covered individual and 

approver should discuss the expected frequency of screening testing. While some may 

request tests on a one-time basis, this process is recommended for covered individuals 

who are expected to have routine or recurring screening needs (e.g., regular onsite work 

due to a partial telework schedule or monthly onsite meetings). Covered individuals may 

be provided with one month’s supply (up to four tests) at a time. The individual and 

approver should also discuss the preferred method of delivery. Tests may be mailed, or 

(after the covered individual’s negative screening test result) picked up onsite. The 

authorized approver will then coordinate with Robert Linton in the Office of the 

Executive Director to arrange the distribution of the test kits according to the discussed 

schedule and method of delivery.

H. Recordkeeping and Medical Privacy

Authorized approvers shall keep a record of the following information (see Appendix A): 

the name of the employee and full-time contractor, the date and method of testing, the 

date the result was confirmed, and whether onsite access was granted.

Any medical information gathered during this testing policy (such as the record described 

above) shall be kept confidential and separate from the agency workforce’s official 

personnel folder. If the authorized approver is the direct supervisor, the supervisor will 

routinely transfer such records to the EEO Director and then destroy their copy. The EEO 

Director shall maintain these records in a secure location together with any medical 

records maintained concerning reasonable accommodation requests. Such records will be 

accessible only to those individuals with a verifiable need to know the information: 

15 Information regarding participation in the screening policy will be carefully controlled on a need-to-know-basis. A limited number of 

individuals in the Office of the Executive Director (no more than two in most instances) must necessarily be informed that an individual is 

covered by the screening policy to process reimbursement vouchers and/or distribute test kits. However, substantive medical information (such as 

test results or reasonable accommodation documentation) is not necessary for reimbursement or provision of tests and shall not be shared with 

OED employees while processing such requests. Confidentiality of medical records is discussed further below.
9 

accordingly, except in unusual conditions, access will be limited to the authorized 

approver and/or EEO Director.

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I. Non-Compliance

1. Accommodations: Employees or full-time contractors who believe they are unable to 

participate in the testing process (in whole or part) due to disability-related concerns 

or on religious grounds may request an accommodation.17 While such requests are 

being processed, the individual may be directed to telework rather than report to the 

workplace. The agency will give due consideration to all accommodation requests 

and will work with the requester to find a solution that serves the needs of the 

requester without posing an undue hardship to the agency (including considerations 

for the safety of onsite personnel). If the accommodation request is denied and the 

individual does not comply with this testing policy, or if an individual with an 

accommodation fails to comply with the terms of the testing policy as modified by 

that accommodation, they may be subject to disciplinary action (see below). 

2. Missed Tests or Delayed Results: In the event, that a covered individual is unable to 

complete a screening test as planned due to unforeseen circumstances, they should 

coordinate with their authorized approver and make good faith efforts to find an 

alternate method of screening. For example, if a point-of-care appointment is 

canceled or a lab-test result is delayed, the covered individual should consider a home 

self-test. If the individual is unable to complete a screening or diagnostic test before

their first scheduled onsite arrival, they must notify their authorized approver and 

should not report to the workplace. 

3. Intentional Non-Compliance: Except where an accommodation request is pending if 

an employee or full-time contractor refuses to comply with some element of the 

testing process (for example, refusing testing or refusing to report results) they may 

be subject to disciplinary measures. To protect the safety of others, the individual will 

not be permitted on site or approved for official travel until any disciplinary actions 

are resolved or the need for testing no longer applies. They will be expected to work 

remotely during this time unless their work cannot be completed off-site, in which 

case the individual will be placed on paid administrative leave.

6. EFFECTIVE PERIOD

This policy is effective immediately upon issuance and shall remain in effect until modified 

or rescinded.

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16 It may be necessary to share certain limited information contained in the screening record for purposes of contact tracing in the event of 

workplace transmission, or in the event of a disciplinary action resulting from non-compliance. Substantive medical information such as test 

results or underlying conditions would only be shared in very limited circumstances, such as a medical emergency or a request for reasonable 

accommodation. In all instances, dissemination will be limited to only those individuals with a need to know, and only the information required 

for the purpose. 

17 The Commission’s Reasonable Accommodation Procedures for disability-related requests are available here: 

https://www.fmshrc.gov/documents/reasonable-accommodation-procedures-overview-and-appendixes. Information on religious accommodation

available pursuant to Title VII of the Civil Rights Act is available here: https://www.eeoc.gov/religious-discrimination. Requests for 

accommodation may be made to the individual’s supervisor or the EEO Director. 18 In determining whether this policy shall be modified, or rescinded, due consideration shall be given to CDC and Task Force guidance regarding 

the level of threat in the workplace posed by COVID-19. 
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Appendix A: Screening Test Record

Name of Individual: ____________________

Authorized Approver: __________________

Test for Week of: Date of Test Test Method Result Confirmed? (Date) Entry Approved?

Date record transferred to EEO Director, if applicable: ________

______________________________

Signature of Authorized Approver