Let’s start with what did not happen. The CDC did not tell all people to quarantine for only 10 days. In the past several days, the CDC has done two different things. First, it updated its scientific pages. Second, it updated its overall guidance. You need to understand both: what it said and what it did not say.

Let’s recall our starting point, the CDC recommended that a person who has been in “close contact” with a person positive for COVID-19 quarantine for 14 days. To be in “close contact,” you would be within 6 feet of a COVID-19 positive person for at least 15 minutes over a 24-hour period starting either (a) from 2 days before that person’s symptom onset or (b) from 2 days before that person took the COVID-19 test.

CDC’s Science

On December 2, the CDC published significant scientific research about quarantining when a person has been exposed to COVID-19. This research discussed various models for discontinuing quarantining at 7 days, at 10 days, and at 14 days.

Cautioning that the previously-established 14 day period is still the best way to reduce the risk of spreading the virus, the CDC announced that—if the exposed person continues to report no symptoms—quarantine could end 10 days after “close contact” with a person infected with COVID-19, without taking a COVID-19 test, and 7 days after exposure, if they take a test within 48 hours of the end of the quarantine period and receive a negative result.

Individuals must still watch for symptoms for the full 14 days, however. The average incubation period for the virus is 5 days after exposure, and there is a small residual risk that a person leaving quarantine could transmit the virus to someone else after the 7- or 10-day period. These optional quarantine periods were made in an effort to reduce the burden on both individuals and the healthcare system and encourage individual compliance with the new, shorter quarantine period.

However, importantly, the CDC notes that “Local public health authorities determine and establish the quarantine options for their jurisdictions. CDC currently recommends a quarantine period of 14 days.” The CDC simply provides the science to support a shortening of the quarantine periods if local public health authorities deem it appropriate.

CDC’s Guidelines

On December 2, the CDC updated its page titled “When to Quarantine.” The updated guidance is perhaps the best explanation of the current state of quarantine guidance:

Local public health authorities make the final decisions about how long quarantine should last in the communities they serve, based on local conditions and needs. Follow the recommendations of your local public health department if you need to quarantine.

CDC now recommends two additional options for how long quarantine should last. Based on local availability of viral testing, for people without symptoms, quarantine can end:

• On day 10 without testing
• On day 7 after receiving a negative test result

After stopping quarantine, people should

• Watch for symptoms until 14 days after exposure.
• If they have symptoms, immediately self-isolate and contact their local public health authority or healthcare provider.
• Wear a mask, stay at least 6 feet from others, wash their hands, avoid crowds, and take other steps to prevent the spread of COVID-19.

CDC continues to endorse quarantine for 14 days and recognizes that any quarantine shorter than 14 days balances reduced burden against a small possibility of spreading the virus. CDC will continue to evaluate new information and update recommendations as needed.

While the CDC continually updates its guidance pages, as of this writing, the 14 day quarantine period still appears in other locations, including the Interim Guidance for Businesses and Employers which was updated December 3.

What does this mean for employers right now?

In Oklahoma, the website has not been adequately updated but its guidance still refers you to the CDC’s site. However, the Oklahoma Department of Health tweeted a slide with the following information on December 2:

• Quarantine can end after day 10 without testing if no symptoms have been reported during daily monitoring (symptom monitoring and masking must be continued through day 14)
• Quarantine can end after day 7 if the individual tests negative and if no symptoms have been reported during daily monitoring (symptom monitoring and masking must be continued through day 14)

While a more official announcement would be preferable, it would appear Oklahoma is adopting these as its quarantine guidelines.

If you have locations in other states, you need to be aware of what the local public health authorities are doing in the controlling jurisdiction(s). This may be easier said than done. At our first look, some states are handling this at a state level, others are at a city level.

A final note

This article deals with the very limited issue of quarantining.

This article does not address when an employee must “isolate” because they have COVID-19. This does not address varied approaches an employer may take if it a critical infrastructure. It does not address the other mitigation measures employers should be taking to control any spread in their workplaces, to protect the health and safety of employees, to control staffing issues, and to protect the confidentiality of medical information. This article does not address leave, pay, or teleworking issues. All this to say, employers are tasked with balancing many complicated and changing issues in the era of COVID-19.

We will continue to bring you updates as they happen. Seek competent legal advice as needed.

By Kristen L. Brightmire, kbrightmire@dsda.com and Rebecca D. Bullard, rbullard@dsda.com