# Resolution No. _ _ _ > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acolorado_river%3A407cbaee33229ebe ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Resolution No. _ _ _ 4_6_0_-2_1___ RESOLUTION COLORADO RIVER TRIBAL COUNCIL A Resolution to Approve Modifications to the Policy Related to COVID-19 Exposure in the Workplace. Be it resolved by the Tribal Council of the Colorado River Indian Tribes of the Colorado River Indian Reservation, in special meeting assembled November 29 2021 on WHEREAS, the Colorado River Indian Tribes (hereinafter "CRIT" or "Tribes") is a federally recognized Indian Tribe, duly organized with a tribal governing body known as the Tribal Council according to the provisions contained in the Indian Reorganization Act of June 18, 1934; and WHEREAS, Article VI, Section .1 (v) of the Constitution of the Colorado River Indian Tribes authorizes the Tribal Council to promulgate ordinances and resolutions providing for the administration of the health, education and welfare of members of the tribes; and WHEREAS, the World Health Organization declared a Public Health Emergency of International Concern on January 30, 2020; the United States Health and Human Services declared a Public Health Emergency related to the Coronavirus Disease 2019 (COVID-19) outbreak on January 31, 2020; the World Health Organization officially declared a pandemic due to COVID-19 on March 11, 2020; and the United States declared a National Emergency on March 13, 2020; and CRIT also declared an emergency for the Reservation on March 13, 2020; and WHEREAS, the Tribal Council approved a Policy Related to COVID-19 Exposures in the Workplace by Resolution No. 295-21; and WHEREAS, modifications are necessary to address questions related to COVID-19 Administrative Leave approval. The foregoing resolution was on ------'-N-'--o"""v'""'e~m-'-'=b-=e-'--r=2=9_._,=2=0=2~1____ duly approved by a vote of 1 6 for, against and --'QC-_ abstaining, by the Tribal Council of the Colorado River Indian Tribes, pursuant to authority vested in it by Sections 1 .V. , Article ....YL_ of the Constitution and By laws of the Tribes, ratified by the Tribes on March 1, 1975 and approved by the Secretary of the Interior on May 29, 1975, pursuant to Section 16 of the Act of June 18, 1934, (46 Stat. 984). This resolution is effective as of the date of its adoption. COLORADO RIVER TRIBAL COUNCIL By Chairwoman RESOLUTION NO. R- 460-21 NOVEMBER 29, 2021 PAGE2 NOW, THEREFORE, BE IT RESOLVED by the Tribal Council of the Colorado River Indian Tribes hereby approves modification to the attached Policy Related to Covid-19 Exposure in the Workplace; and BE IT FURTHER RESOLVED that this Resolution shall take effect upon approval and shall remain in effect until modified or rescinded; and BE IT FURTHER AND FINALLY RESOLVED that the Tribal Council Chairwoman and Secretary, or their designated representatives, are hereby authorized and directed to execute any and all documents necessary to implement this Resolution. COLORADO RIVER INDIAN TRIBES Policy Related to COVID-19 Exposure in the Workplace COVID-19 has been at CRIT officially for over one year, with our first confirmed case appearing on May 7, 2020. COVID-19 exists throughout every community in the country. Our community continues to experience surges and outbreaks of COVID-19 · requiring procedures to address workplace exposure. Vaccinations began in December 2020 and fully vaccinated employees may engage in more activities than over the past year. Department Heads and Enterprise Managers should continue to monitor employee' s travel and presence at large gatherings for purposes of evaluating COVID-19 exposure risk, particularly when employees engage with the community as a part of their job duties. Employees are required to provide a copy of their COVID-19 vaccine card or vaccination record to their Department Head or Enterprise Manager for purposes of contact tracing for exposures and to evaluate travel requests. Your vaccination record shall be stored within your records at the Human Resources Department. If the employee is NOT vaccinated, there are certain situations where an employee will need to quarantine and be tested before returning to work. The guidance contained in this document is effective during the time the "Safer at Home" Resolution (R-135-20) or iflesser mitigation is in effect. Should CRIT revert back to "Stay at Home" Resolution (R-54-20), the policy in this document would need to be modified. Individual employees who are not fully vaccinated will NOT be permitted to travel for work except when providing essential services for the Department or Enterprise. This policy is subject to any additional restrictions on travel as set forth by Tribal Council action. If you have an unusual situation, please contact the Office of the Attorney General for further guidance. Full Vaccination Since many of the required actions are based on whether an employee is fully vaccinated, it is important to understand that fully vaccinated means it has been two weeks after the final dose of a two-shot series (Pfizer or Modema) or a shot of single dose vaccine (Johnson and Johnson). The definition of fully vaccinated will automatically update to include any booster shots approved and recommended by the Food and Drug Administration ("FDA"). See the "Fully Vaccinated Decision Tree" below. Fully Vaccinated Decision Tree Yes No Pfizer or Moderna Vaccine? No .. --··-· Two weeks since receiving second shot of >fizer or Moderm vaccine? - Received one shot of Johnson and Johnson vaccine? . ~ - , ·- ... -~- Two weeks since receiving one shot of John ;on and Johnson vaccine? No No Yes Yes Fully vaccinated Not fully vaccinated · Quarantine/ Isolation for COVID-19 Symptomatic Employees Department Heads and Enterprise Managers need to follow a consistent protocol to determine the actions to take for employees who exhibit COVID-19 symptoms when at the workplace. • Does your employee exhibit symptoms of COVID-19? • Symptoms per the CDC (https://www.cdc.gov/coronavirus/2019ncov/symptoms-testing/symptoms.html) o • • • • • • • • • • • Fever or chills Cough Shortness of breath or difficulty breathing Fatigue Muscle or body aches Headache New loss of taste or smell Sore throat Congestion or runny nose Nausea or vomiting Diarrhea • Direct the employee to be tested as soon as possible. Employees may utilize a service provider of their choice, such as Indian Health Services, or the Department Head or Enterprise Manager can contact Fawn Tahbo in Human Resources, or other designee, to schedule testing with Regional Centers for Border Health. Employee must stay home until test returns negative results Was there a direct, documented exposure that occurred in the workplace or while performing job duties? For example, a person in your office that you regularly interact with has COVID, or a member of the public that you dealt with-transported as part of your job, sat in your office for an hour, etc.has COVID. This also includes employees who work in a department or enterprises that has significant and frequent contact with the public who test positive for COVID and cannot otherwise identify the source of transmission (such as a household member). • If yes, then the employee is eligible for COVID-19 Admin Leave for time off under this policy. • No, it was a personal exposure: Sick or Annual Leave must be used by the employee for time off. • The Chairwoman is authorized to resolve any disputes regarding approval for COVID-19 Admin Leave. The decision of the Yes • • Chairwoman is final. o No • • Continue working as normal, utilizing -current standards of handwashing, mask wearing and social distancing. If an employee experienced an exposure, refer to the following pages for further guidance. See the "Quarantine / Isolation Decision Flow Chart," below. Quarantine / Isolation Decision Flow Chart Yes Employee repo11s for duty ... -t" - Employee remains at home until receiving a negative test result Send employee for immediate testing • ..,,.,._...,,. l No Continue normal workplace procedures No Sick or annual leave Documented workplace exposure? l Yes Admin. leave Employees Who Have Been Exposed to COVID-19: or Who Have Travelled; or Who Have Attended a Large Gathering Employees are at increased risk of contracting COVID-19 when they travel to locations with higher rates of COVID-19 (especially if they travel by bus, train, or plane) or if they have attended a large gathering. Large gatherings bring together many people from different households in a private or public space and include (but are not restricted to) conferences, trade shows, sporting events, festivals, concerts, large funerals, large weddings, parties, etc. See the "Positive COVID19 Positive Exposure; Traveled; Attend Large Gathering Decision Flow Chart," below. Employees are required to immediately report to their Department Head or Enterprise Manager if a member of their household has tested positive or if they have had a close contact with an individual who has been confirmed positive. The employee shall be sent home and shall not return to work until quarantine, isolation, and/or testing requirements outlined have been satisfied. Exposure is defined as being within 6 feet of someone with COVID-19 for a cumulative total of 15 minutes or more over a 24-hour period. • Does your employee meet any of the following conditions? • Exposed to a known COVID positive individual; or • Traveled to an area that the CDC has designated as having a "Substantial" or "High" transmission rate (https://covid.cdc.gov/covid-data-tracker/#countyview); or • Traveled via mass transportation (bus, train, or plane); or • Attended large gatherings. o No - No quarantine required o Yes • Is your employee fully vaccinated or have they recovered from COVID19 in the past three (3) months (see above for fully vaccinated definition)? • Yes • There is no need to quarantine if the employee does not exhibit new symptoms and the exposure is not a household member. • If employee lives in the same house with a COVID-19 positive person, the employee must quarantine for the same amount of time as the COVID-19 positive person is in isolation. The employee must also test negative before returning to work. Employee may test at a facility of their choice or the Department Head or Enterprise Manager can contact Fawn Tahbo in Human Resources, or other designee, to schedule testing with Regional Centers for Border Health. • Employee must test at time of exposure and a second time no earlier than five (5) days after exposure, except when symptomatic, so that the workplace may trace any subsequent exposures. If employee becomes symptomatic testing should occur at that time. • No • • • Employee should quarantine as directed by public health officials or physician. o CDC recommends 14 days o Quarantine may be reduced to • After day seven (7) following a negative test that occurred five (5) days after the exposure/event Employee should be tested at time of initial exposure/event and again no earlier than five (5) days after the exposure/event. If employee lives in the same house with a COVID-19 positive person, the employee must quarantine for the same amount of time as the COVID-19 positive person is in isolation. The employee must also test negative before returning to work. Employee may test at a facility of their choice or the Department Head or Enterprise Manager can contact Fawn Tahbo in the Human Resources Department, or other designee, to schedule testing with Regional Centers for Border Health. Any employee who subsequently tests positive for COVID-19 must provide the Department Head or Enterprise Manager the name of any other CRIT employee (whether on or off duty), vendor, or clients/community members potentially exposed to the positive employee in the course of performing their job duties within the previous 48 hours from symptom onset or within the previous 48 hours from positive test result if asymptomatic for purposes of contact tracing. Department Heads and Enterprise Managers shall provide notification of exposure to employees but shall not disclose the employee's name. Department Heads and Enterprises Managers shall contact and coordinate with the Office of the Attorney General if a COVID-19 positive employee exposed vendors, clients or community members in the course of performing their job duties for purposes of notification. Department Heads and Enterprise Managers shall be responsible to ensure all work areas are properly sanitized after an employee or client is positive for COVID-19. Department Heads and Enterprise Managers may request professional cleaning services for this purpose. At this time the Office of Attorney General can be contacted to schedule cleaning with ServPro or other contracted vendor. All employees are required to have a negative test for COVID-19 prior to returning to the workplace after exposure or testing positive for COVID-19. Employees who are released from isolation by their medical professionals or public health nurses after a positive COVID-19 diagnosis are eligible for COVID-19 Admin Leave for the time it takes to obtain a negative test result. Employee shall be tested every five days until a negative test is obtained. In the event the employee cannot obtain a negative test result upon release from isolation and is otherwise medically able to return to work, the Department Head or Enterprise Manager may contact the CRIT Office of Attorney General to obtain guidance from CRIT's consulting physician on the employee returning to work prior to receiving the negative test result when the employee is essential and/or there is a critical need for them to return to work. All Department Heads and Enterprise Managers are required to provide immediate verbal notification followed by a written memo within 8 hours to the Chairwoman of any workplace exposures to COVID-19. Departments or Enterprises which are required by funding agencies or applicable federal regulations to comply with policies with more stringent protocols for workplace COVID-19 exposures are expected to continue to follow such policies. For any questions of possible conflict between such policies please contact the CRIT Office of the Attorney General. **Nothing contained within this policy is meant to substitute for or supersede any medical direction or public health directives. Employees are required to follow all public health orders or medical direction and should advise their Department Head or Enterprise Manager of any such restrictions. Please refer to CDC guidance for additional information: https ://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/quarantine.html Positive COVID-19 Exposure; Traveled; Attend Large Gathering Decision Flow Chart • • • • Employee: Exposed to COVID-19 positive person Traveled to an area that has S.ubstantial or High transmission* or, Traveled via bus, plane, or train Attended large gathering Fully vaccinated or recovered from COVID- I9 in past 3 months? Yes ! No Yes Quarantine for I to 2 days after negative test** ALL Employees who live with a COVID-19 positive household member will quarantine as long as the COVID-positive household member is quarantined and staying in their home, and employee must test negative upon return Yes No Yes No No Get tested with a viral test at time of exposure and no earlier than 5 days after exposur{ /travel/gathering ' Known exposure or travel/attend large gathering No need to quarantine No Work related exposure? Sick or annual leave * https ://covid.cdc. gov/covid-data-tracker/#county-view ** The CDC recommends a 14-day quarantine. Due to staffing issues, the quarantine time is reduced to 7 days after a negative test on day 5. Admin leave --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acolorado_river%3A407cbaee33229ebe. Public record. Not legal advice.