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Testing

Q: What is screening testing?

A: Screening testing is intended to identify people with COVID-19 who are asymptomatic or do not have any known, suspected, or reported exposure to SARS-CoV-2, the virus that causes COVID-19. Screening testing helps to identify unknown cases so that measures can be taken to prevent further transmission. Screening testing is separate and distinct from diagnostic testing, which is intended to identify current infection in individuals and is performed when a person has signs or symptoms consistent with COVID-19, or is asymptomatic, but has recent known or suspected exposure to someone with suspected or confirmed SARS-CoV-2 infection.

Examples of screening testing include:

  • Point-in-time screening testing: This is screening testing that happens on a situational basis, such as before an event or visit.
  • Serial screening testing: This is screening testing that is repeated at different points in time within a group, such as periodic testing for everyone in a particular setting or facility.

Q: Should agencies establish a COVID-19 serial screening testing program and, if so, for what facilities, settings, roles, or functions?

A: To be consistent with Safer Federal Workforce Task Force guidance, agencies should not implement COVID-19 serial screening testing in other Federal facilities, or for other settings, roles, and functions within Federal facilities, beyond those identified by agencies for high-risk settings, as described below, absent an approved exception from the agency head following consultation with the agency COVID-19 Coordination Team, including the agency Office of General Counsel, and the Safer Federal Workforce Task Force.

CDC guidance states that, “Screening testing can provide important information to limit transmission and outbreaks in high-risk congregate settings.” Following consultation with the agency COVID-19 Coordination Team, including the agency Office of General Counsel, and the Safer Federal Workforce Task Force, agencies may establish COVID-19 serial screening testing programs for employees (or employees and onsite contractor employees) working in high-risk settings within Federal facilities.

For the purposes of Safer Federal Workforce Task Force guidance, and consistent with CDC guidance, high-risk settings include certain Federal facilities—or certain specific settings within Federal facilities—where (1) COVID-19 transmission risk is high, and (2) the population present onsite is at high risk of severe outcomes from COVID-19 or there is limited access to healthcare. Examples of such settings provided by CDC include, “High-risk congregate settings, such as assisted living facilities, correctional facilities, and homeless shelters, that have demonstrated high potential for rapid and widespread virus transmission to people at high risk for severe illness” and “Settings that involve close quarters and that are isolated from healthcare resources (e.g., fishing vessels, wildland firefighter camps, or offshore oil platforms).”

When an agency has identified potential high-risk settings across its facilities, the agency should consult with the Safer Federal Workforce Task Force to confirm that those settings are high-risk and that establishing a serial screening testing program and/or requiring point-in-time screening testing in those facilities would be consistent with CDC and Safer Federal Workforce Task Force guidance, and should consult with the agency Office of General Counsel on any implementation.

Q: Where an agency has established a COVID-19 serial screening testing program for agency-identified high-risk settings, who should the agency enroll in that program?

A: When an agency has established a serial screening testing program for agency-identified high-risk settings, an agency should enroll all employees working in that setting (which could be a facility, multiple facilities, or certain roles, functions, or settings within those facilities), regardless of vaccination status. When serial screening testing is implemented, agencies must not differentiate among individuals on the basis of their vaccination status, pursuant to Executive Order 13991 and consistent with CDC guidance.

Agencies do not need to include onsite contractor employees in its serial screening testing program(s). For certain settings, roles, or functions, an agency may determine that it is necessary that onsite contractor employees regardless of their vaccination status must participate in serial screening testing, given operational or administrative considerations associated with those particular settings, roles, or functions.

Q: Where an agency has established a COVID-19 serial screening testing program for an agency-identified high-risk setting, what testing protocols should be applied through that program?

A: When COVID-19 Community Levels are MEDIUM or HIGH, asymptomatic individuals (without a known exposure to someone with COVID-19 within the past 10 days) who are enrolled in a serial screening testing program established for agency-identified high-risk settings, if any, should be tested at least twice weekly for any week during which they work onsite or interact in person with members of the public as part of their job duties in that agency-identified high-risk setting. To be consistent with Safer Federal Workforce Task Force Guidance, agencies should not implement serial screening testing when COVID-19 Community Levels are LOW.

When an agency has established a serial screening testing program for agency-identified high-risk settings, the agency may require more frequent testing than twice weekly, following consultation with the agency’s COVID-19 Coordination Team, including the agency Office of General Counsel, and the Safer Federal Workforce Task Force, and provided that agency resources are available to support such increased testing. Testing may be conducted at a Federal facility or offsite as determined by the agency. The test can be both self-administered and self-read by the employee if the agency has the employee certify as to when they took the test and that they received a negative result.

Q: Where Federal agencies have established a COVID-19 serial screening testing program for an agency-identified high-risk setting, do employees or contractor employees participating in that program need to be able to provide the results of a negative test in order to enter or be present in that agency-identified high-risk setting?

A: No. Employees and onsite contractor employees participating in a serial screening testing program for an agency-identified high-risk setting do not need to be able to provide the results of a negative test each time they enter or are present that setting, unless otherwise required as part of the agency’s serial screening testing program and workplace safety protocols. This is true regardless of COVID-19 Community Levels.

Q: Where Federal agencies have established a COVID-19 serial screening testing program for an agency-identified high-risk setting, should the serial screening testing protocols apply to employees who are not reporting to their worksite (e.g., are on maximum telework, working remotely, or on leave)?

A: No. Employees who are working remotely or who are on maximum telework do not need to undergo regular screening testing where an agency has established a screening testing program for an agency-identified high-risk setting. An employee who does not report to a worksite or interact in person with members of the public as part of their job duties during a particular week (e.g., due to taking leave, teleworking, or working remotely) does not need to be tested that week. Should these employees have a one-time need to report to the agency-identified high-risk setting, they should be tested at least twice in the week they are entering the setting when COVID-19 Community Levels are MEDIUM or HIGH.

Q: Where Federal agencies have established a COVID-19 serial screening testing program for an agency-identified high-risk setting, should the screening testing protocols apply to employees who only work onsite on an infrequent basis?

A: Employees who are enrolled in a serial screening testing program established for an agency-identified high-risk setting, and who work onsite or interact in person with members of the public as part of their job duties on an infrequent basis, should be tested at least twice in any week that they are working onsite or interact in person with members of the public as part of their job duties in that agency-identified high-risk setting. An agency may determine that some employees who generally do not report to a worksite or interact with members of the public in that agency-identified high-risk setting as part of their job duties, but who may need to do so on an emergency basis (e.g., for accident investigations or disaster response) are required to undergo serial or point-in-time screening testing when COVID-19 Community Levels are MEDIUM or HIGH, on a frequency determined by the agency.

Can agencies establish requirements for COVID-19 point-in-time screening testing for onsite contractor employees, visitors, or in-person attendees at agency-hosted meetings, events, or conferences?

A: To be consistent with Safer Federal Workforce Task Force guidance, agencies should not establish COVID-19 point-in-time screening testing requirements for onsite contractors, visitors, or in-person attendees at agency-hosted meetings, events, or conferences in other settings within Federal facilities beyond agency-identified high-risk settings as described below, absent an exception approved by the agency head only following consultation with the agency COVID-19 Coordination Team, including the agency Office of General Counsel, the Safer Federal Workforce Task Force.

CDC guidance states that, “Screening testing can provide important information to limit transmission and outbreaks in high-risk congregate settings.” Following consultation with the agency COVID-19 Coordination Team, including the agency Office of General Counsel, and the Safer Federal Workforce Task Force, agencies may establish COVID-19 point-in-time screening testing requirements for onsite contractor employees and visitors accessing high-risk settings within Federal facilities.

For the purposes of Safer Federal Workforce Task Force guidance, and consistent with CDC guidance, high-risk settings include certain Federal facilities—or certain specific settings within Federal facilities—where (1) COVID-19 transmission risk is high, and (2) the population present onsite is at high risk of severe outcomes from COVID-19 or there is limited access to healthcare. Examples of such settings provided by CDC include, “High-risk congregate settings, such as assisted living facilities, correctional facilities, and homeless shelters, that have demonstrated high potential for rapid and widespread virus transmission to people at high risk for severe illness” and “Settings that involve close quarters and that are isolated from healthcare resources (e.g., fishing vessels, wildland firefighter camps, or offshore oil platforms).”

When an agency has identified potential high-risk settings across its facilities, the agency should consult with the Safer Federal Workforce Task Force to confirm that those settings are high-risk and that conducting point-in-time screening testing in those settings and facilities would be consistent with CDC and Safer Federal Workforce Task Force guidance, and should consult with the agency Office of General Counsel prior to implementation.

If an agency has established such requirements for high-risk settings, then when COVID-19 Community Levels are MEDIUM or HIGH in the county where the Federal facilities with those high-risk settings are located, agencies must require visitors (except those seeking to obtain a public service or benefit), onsite contractor employees (except those individuals otherwise enrolled in an agency serial screening testing program, if any) accessing those settings, as well as in-person attendees at meetings, events, and conferences the agency is hosting in those settings (except those individuals otherwise enrolled in an agency serial screening testing program, if any), regardless of vaccination status, to be able to provide proof that they received a negative test result within 24 hours of accessing that Federal facility or high-risk setting from a viral test authorized by the Food and Drug Administration (FDA) to detect current COVID-19 infection, pursuant to Executive Order 13991 and consistent with CDC guidance.

Q: What types of tests may an agency utilize for COVID-19 serial or point-in-time screening testing?

A: Where agencies are conducting serial or point-in-time screening testing for agency-identified high-risk settings, agencies may utilize any viral tests authorized by the Food and Drug Administration (FDA) to detect current infection. There are two types of viral tests: antigen tests and nucleic acid amplification tests (NAATs). Reverse transcription polymerase chain reaction (RT-PCR) tests are a type of NAAT. Agencies should consult FDA guidance for specific authorized tests impacted by COVID-19 variants and the current status on recommended use.

Options for testing methods include: (1) in-store or drive-through point-of-care (POC) testing, such as at pharmacies, (2) swab-testing capabilities that enable an individual to collect the specimen—using a self-collection kit—and drop it off at a designated collection location or ship it to a laboratory, (3) over-the-counter (OTC) tests, which can be both self-administered and self-read by the employee if the agency has the employee certify as to when they took the test and that they received a negative result, or (4) other self-administered tests, which can be both self-administered and self-read by the employee if the agency has the employee certify as to when they took the test and that they received a negative result.

Agencies must comply with applicable privacy and information collection safeguards and regulations when receiving test results.

Q: What steps may an agency take if a Federal employee refuses to take a COVID-19 test required pursuant to that program?

A: Refusals to take a required test or to provide the results of the test may result in disciplinary measures. In addition to pursuing any disciplinary action, an agency may separately elect to bar the employee from the agency workplace for the safety of others pending resolution of any disciplinary or other action the agency may pursue. Any decision to bar the employee should occur in consultation with the agency’s onsite security authority, agency’s human resources office, and agency’s legal counsel. In pursuing an adverse action, the agency must also follow normal processes to provide the required notice to the employee.

An agency follows a different process if the employee seeks an accommodation from the requirement to be regularly tested. In that case, an agency should follow its ordinary process to review and consider what, if any, accommodation should be offered in accordance with Federal employment nondiscrimination laws. All agency personnel designated to receive requests for disability accommodations should also know how to handle requests consistent with other Federal employment nondiscrimination laws that may apply. While the request is being resolved, the agency may bar the employee from official worksites. During that temporary period, the agency may direct the employee to work from home. If the employee’s duties cannot be performed via telework, the employee should be granted administrative leave for the temporary period of time while the request is being resolved.

If the employee’s request for an accommodation to a testing requirement is denied, and the employee does not comply with the testing requirement, the agency may pursue disciplinary action up to and including removal.

Q: Do agencies need to pay for the cost of any required COVID-19 serial or point-in-time screening testing for their employees?

A: Yes. Agencies must pay for the cost of serial screening testing of Federal employees pursuant to a screening testing program established for an agency-identified high-risk setting. Agencies must also pay for the cost of any required point-in-time screening testing, including when an employee is required to complete point-in-time screening testing in order to visit another Federal agency’s identified high-risk setting or attend an event, meeting, or conference hosted by another Federal agency in a high-risk setting identified by that other agency, if the employee’s agency has approved the visit or attendance in advance. Agencies may either pay for the testing directly or reimburse employees for required tests. Should agencies have questions regarding their approach to funding such this testing from agency appropriations, they should contact their agency Office of General Counsel and respective OMB Resource Management Office.

Q: Can agencies utilize pooled specimen testing in a screening testing program?

A: Yes, agencies can utilize pooled specimen testing, assuming the screening testing program utilizes any COVID-19 viral test that is used to detect current infection and has been authorized by the Food and Drug Administration for use in pooled testing. Agencies should consult FDA guidance for specific authorized tests impacted by COVID-19 variants and the current status on recommended use.

Pooled specimen testing combines the same type of specimen from several people and conducts one NAAT laboratory test on the combined specimen. If the pooled specimen test returns a positive result, each specimen in the pool must be retested individually. Of note, as the incidence of COVID-19 increases among the population being tested, the cost savings of a pooling strategy decreases because more pooled tests will return positive results, and those specimens will need to be retested individually to determine which individual(s) are positive.

Q: Is required screening testing undertaken on duty time?

A: Yes. When a Federal employee is required to be tested pursuant to an agency’s screening testing program, the time the employee spends obtaining the test (including travel time) from a site preapproved by the agency is duty time; thus, there is no need for the employee to take administrative leave for such time during the employee’s basic tour of duty. An agency should only authorize an employee to spend time related to screening testing during the employee’s basic tour of duty hours and only for the amount of time necessary. Agencies should determine the amount of time to authorize employees to take to travel to the testing site (if travel is required), complete testing, and return to work. Agencies should require employees taking longer than that amount of time to document the reasons for the additional time. If, due to unforeseen circumstances, the employee is unable to obtain the test during basic tour of duty hours, the normal overtime hours of work rules apply.

Reasonable travel costs that are incurred as a result of obtaining the test from a site preapproved by the agency should be handled the same way as local travel or temporary duty (TDY) cost reimbursement is handled based on agency policy and the Federal Travel Regulation.

When an employee is not required to be tested but decides to obtain a COVID-19 test during basic tour of duty hours at the employee’s own initiative, the employee may request sick leave or other available paid time off for that situation.

Q: Are employees and contractor employees participating in an agency COVID-19 serial screening testing program for agency-identified high-risk settings limited in their ability to work onsite in between tests?

A: No. Provided that they have met any applicable testing requirement and have not tested positive for COVID-19, employees and contractor employees participating in an agency screening testing program are not limited in their ability to work onsite between tests, although they should comply with all relevant safety protocols. However, if the employee or contractor employee has symptoms consistent with COVID-19, they should follow agency protocols and not enter a worksite.

Agencies should develop a procedure for addressing circumstances in which employees or onsite contractor employees miss their required test, which may include restricting the individual’s access to worksites if they have not obtained a test within a period of time specified by the agency.

An employee’s failure to comply with testing requirements can result in disciplinary action, up to and including removal. An agency may elect to bar an employee from the agency workplace for the safety of others, including pending resolution of any disciplinary action. Any decision to bar the employee should be made in consultation with the agency’s onsite security authority, human resources office, and legal counsel until the agency determines the status the employee should be placed in pending any disciplinary action.

A contractor employee’s failure to comply with testing requirements may result in that individual being denied entry to a Federal facility. Such circumstances do not relieve the contractor from meeting all contractual requirements.

Q: What is diagnostic testing?

A: Diagnostic testing is intended to identify current infection in individuals and is performed when a person has symptoms of COVID-19, or is asymptomatic, but has recent known or suspected exposure to someone with suspected or confirmed SARS-CoV-2 infection.

Q: Should agencies provide required diagnostic testing for employees?

A: When an agency requires diagnostic testing for employees, agencies must provide employees with such diagnostic testing at no cost to the employee, such as through the agency’s screening testing program, if any, the agency’s in-house capabilities for diagnostic testing at the worksite, or through an alternative process the agency determines, including, for example, reimbursement of an employee’s testing expenses.

This includes, for example, the testing that agencies must require, consistent with CDC guidance and pursuant to Executive Order 13991, for asymptomatic employees at least 5 full days after they last had a known exposure to someone with COVID-19 when such employees are working onsite at an agency workplace or interacting with members of the public in person as part of their official responsibilities (unless the employee tested positive for COVID-19 with a viral test within the previous 30 days and subsequently recovered and remains without COVID-19 symptoms, in which case they do not need to get tested after exposure). The agency must pay for such testing regardless of whether the exposure was known to have occurred while the employee was on duty.

Q: Can information on employee test results be stored by an agency? How must information on test results be stored? How long must the information be stored and who may have access to it?

A: Agencies have unique operational environments and may develop their own processes to document COVID-19 test results in compliance with all applicable laws and in accordance with their agency’s records management policies.

The Privacy Act statement for the testing requirements will refer to the Government-wide system of records (OPM/GOVT-10) for employee medical files (EMFs), which is governed by OPM regulations (5 C.F.R. part 293, subpart E). Under those rules, each agency must have written instructions for its EMF system with appropriate safeguards, and must retain short-term medical records under the applicable record schedule. Agencies with positions that are not subject to OPM’s regulations or that are not subject to OPM/GOVT-10 must give their employees an alternative Privacy Act statement. The Rehabilitation Act requires that any COVID-19 related certification or vaccination information must be maintained separately from the employee’s Official Personnel Folder. The Rehabilitation Act also requires that test results be kept confidential and limits who may have access to such information. Agencies are encouraged to take steps to promote privacy and IT security, while also providing the relevant information to agency officials who need to know the test results.

Agencies should consult, as appropriate, their Agency Records Officer, Chief Information Officer, Chief Medical Officer, Senior Agency Official for Privacy, and agency legal counsel to determine appropriate information management protocols.

Q: If an employee tests positive for SARS-CoV-2 infection, is the agency required to record the COVID-19 case on the OSHA Injury and Illness Log?

A: Under OSHA’s recordkeeping requirements, if an employee tests positive for SARS-CoV-2 infection, the case must be recorded on the OSHA Illness and Injury Log if each of the following conditions are met: (1) the case is a confirmed case of COVID-19; (2) the case is work-related (as defined by 29 CFR 1904.5); and (3) the case involves one or more relevant recording criteria (set forth in 29 CFR 1904.7) (e.g., medical treatment beyond first aid, days away from work). Employers should also follow state and local reporting requirements and comply with state and local contact tracing efforts.

Q: Should agencies discuss any testing plans with their employee unions?

A: Agencies should engage with employee unions at their earliest opportunity as they develop any agency-specific testing plans and otherwise satisfy any applicable collective bargaining obligations under the law at the earliest opportunity, including on a post-implementation basis where appropriate.