Identifying Critical Infrastructure During COVID-19

Why is CISA issuing new Essential Critical Infrastructure Worker guidance?

• The Essential Critical Infrastructure Worker Guidance 4.0 builds on previous versions released on May 19, March 19 and March 28.
• This guidance was developed in consultation with government and industry and intended to be updated and refined as we receive additional feedback.
• Several months into the pandemic, it is commonly acknowledged that essential workers have access to their workplaces.  Version 4.0 can be most useful in identifying those essential workers that require specialized risk management strategies to ensure that they can work safely. 
• Furthermore, the list can be used to plan and prepare for the allocation of scare resources used to protect essential workers against COVID-19.
• Finally, previous versions of the list did not include essential workers in critical infrastructure work settings, such as schools, that were presumed to be closed at the time of publication.  Reflecting ongoing national discussions around reopening, this version includes these workers, in addition to other adjustments. The guidance does not make judgements on whether schools should re-open, as those decisions are in the purview of state and local officials.

What is new in 4.0 Version?

• Version 4.0 provides guidance on how jurisdictions and critical infrastructure owners can use the list to assist in prioritizing the ability of essential workers to work safely to ensure ongoing infrastructure operations and resilience. Doing so will require looking at the universe of workers on the Essential Critical Infrastructure Workforce list and identifying tailored risk mitigation strategies for specific workplace settings. These could include:
   
  • Creating a Risk Categorization Methodology for Worker Safety.  We recommend that organizations continue to categorize their employees against a risk factor matrix so that mitigation strategies can be implemented to enhance safety.  The risk categorization factors that should be considered include:
     
    • Setting: Are workers indoors or outdoors?
    • Proximity: How physically close are workers (and customers) to each other?
    • Type of contact: Do workers touch shared surfaces , common items, and other workers or customers?
    • Duration: How long does an average interaction last?
    • Number of different contacts: How many interactions occur daily?
    • Employee risk factors: Which workers face heightened risk due to their age or underlying medical conditions?
    • Capability to assess possible infection: Are there screening protocols that protect workers (and customers) from interactions with contagious people?
    • Cleaning: How frequently can the facility be sanitized and cleaned? 
       
  • Based on the responses to these risks, organizations can categorize the conditions that their workers face and continue to implement measures to increase worker well-being.  In other words, increased protective measures should be based on those with high risk factors.  Risk categorization guidance can be found at OSHA.
     
  • Determining the allocation of scarce resources for workers, such as personal protective equipment (PPE), other protection, access to medical evaluation, testing, and vaccines.  We recommend that jurisdictions and organizations use the essential critical infrastructure worker list as a tool to begin engaging with the essential worker community in the planning for the allocation of potential scarce resources should COVID-19 cases continue to increase or enter a second wave. Planning is critical to ensuring that workers are able to continue performing essential tasks supporting critical infrastructure.  Furthermore, it will be critical that workers who perform essential tasks and/or have consistent interactions with at-risk populations (e.g., the elderly or those with pre-existing conditions) obtain the necessary resources to reduce the transmission of the virus.  
     
• An Education section was added to the list of identified essential critical infrastructure workers. Previous versions of the list did not include essential workers in critical infrastructure work settings, such as schools, that were presumed to be closed at the time of publication.  Reflecting ongoing national discussions around reopening, this version includes these workers.  The Education section is documented as follows:
   
  • Workers who support the education of pre-school, K-12, college, university, career and technical education, and adult education students, including professors, teachers, teacher aides, special education and special needs teachers, ESOL teachers, para-educators, apprenticeship supervisors, and specialists.
  • Workers who provide services necessary to support educators and students, including but not limited to, administrators, administrative staff, IT specialists, media specialists, librarians, guidance counselors, school psychologists and other mental health professions,  school nurses and other health professionals, and school safety personnel.
  • Workers who support the transportation and operational needs of schools, including bus drivers, crossing guards, cafeteria workers, cleaning and maintenance workers, bus depot and maintenance workers, and those that deliver food and supplies to school facilities.
  • Workers who support  the administration of school systems including, school superintendents and their management and operational staff.
  • Educators and operational staff facilitating and supporting distance learning.
     
• Several updates were made to the worker categories, including:
   
  • Healthcare/Public Health category: “clinical interns” and “emergency medical services personnel“ were added to the list.  Furthermore, “Workers and materials (e.g., laboratory supplies) needed to conduct bloodspot and point of care (i.e., hearing and critical congenital heart disease) newborn screening as well as workers and materials need for confirmatory diagnostic testing and initiation of treatment” and “Home health workers (e.g. nursing, respiratory therapists, health aides) who enter the homes of individuals with chronic, complex conditions and/or disabilities to deliver nursing and/or daily living care” were also added to the list.
  • Law Enforcement, Public Safety, and Other First Responders category:  “workers that support child care and protective service programs such as child protective service” were added to the list;
  • Transportation and Logistics category: “maritime and mariner training and education centers” were added to the list;
  • Public Works and Infrastructure Support Services category: “technicians for elevators, escalators and moving walkways” and “workers who support the operations and maintenance of parks and outdoor recreational facilities” were added to the list; 
  • Defense Industrial Base category:  “transportation logistics and cargo handling workers,”  personnel working for the “Department of Transportation” and personnel working in “transportation and logistics” were added to the list;
  • Communications and Information Technology category: technology workers that support “in-person and remote” education were added to the list;
  • Other Community or Government Based Operations and Essential Functions category: workers who support “vocational rehabilitation programs and services” were added to the list.
  • Several categories:  workers “building transportation equipment” were added to several category sections of the list;
     
• Other additions include:
   
  • Updated language regarding businesses and government agencies implementing organization-specific measures that are consistent with applicable Federal, state and local requirements.
  • Language noting that workers should be encouraged to work remotely when possible and organizations are encouraged to identify alternative methods for safely engaging in activities that typically required in-person, non-mandatory interactions.
  • Language noting that personnel that maintain critical information technology services should have continued and unimpeded access to sites and facilities.
  • A  CDC recommendation to wear a cloth face cover has been changed to a recommendation to wear a face mask.
  • A reference and a link to CDC guidance on when it is safe for infected workers to stop home isolation.
  • A reference and a link to CDC guidance on safety practices for critical infrastructure workers.
  • A reference and a link to CDC and OSHA guidance to assist businesses and workplaces, plan, prepare, and respond to the pandemic.Updated language on the need for critical essential workers to have consistent access to specific sites, facilities, and assets to ensure continuity of functions.
  • Updated language encouraging open communication between government, emergency managers, and the business community on issues related to worker safety and the continuity of critical functions.
  • Updated language regarding the need for workers to have sustained access and mobility when crossing jurisdictions to perform critical functions, including during times of quarantine. 
     
• This guidance is intended to support decision makers in communities and jurisdictions across the country during the COVID-19 emergency and it is non-binding.
   
• This guidance is not a federal mandate, and final decisions remain with state and local officials who must make determinations of how to balance public health and safety with the need to maintain critical infrastructure in their communities.
   
• For more information on the federal response to COVID-19, please visit www.coronavirus.gov. It remains the most trusted, accurate, and authoritative source of information needed during this pandemic.

Who is this guidance intended for?

• CISA is issuing this guidance to help government and private sector partners clarify the scope of critical infrastructure and protect the health and safety of key personnel who are essential in operating critical systems and assets as communities continue to reopen. Critical infrastructure requires continuity and resilience to maintain the health and economic wellbeing of communities and the Nation. This continuity will require coordination between government and private sector to ensure key employees are able to work safely. 

How is this different than traditional disasters or emergencies impacting critical infrastructure?

• COVID-19 is different than any emergency the Nation has faced, especially considering the modern, tightly interconnected economy and American way of life. In traditional emergencies, government coordinates with the private sector to get businesses back to business. In this case, as the government works with partners to slow the spread of COVID-19 and reopen communities, the economic goal is maintaining resilience of the Nation’s foundation—its critical infrastructure. 

What is critical infrastructure?

• As defined by USA Patriot Act of 2001 (42 U.S.C. 5195c(e)), critical infrastructure includes any “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.” This definition is appropriately broad to include a wide range of stakeholders who either directly or indirectly enable the functionality of infrastructure systems. 

Who are essential workers?

• In the modern economy, there are many types of employees required to sustain normal day-to-day services that enable our economy and our way of life. This goes far beyond utilities and public works. This guidance offers an initial baseline for governments and industry to use when identifying key groups of employees that may require accommodation to work safely in order to ensure vital services continue to function during COVID response.

What if this guidance differs from workers identified in Public Health Orders or other requirements issued by State and Local Jurisdictions?

• The attached guidance was provided to clarify the potential scope of critical infrastructure to help inform decisions by state and local jurisdictions, but does not compel any prescriptive action. Ultimately, those jurisdictions will need to issue guidance that balances the importance of public health concerns with infrastructure resilience imperatives. 

Is this guidance binding?

• No. This guidance is not binding and is primarily a decision support tool to assist state and local officials. It should not be confused as official executive action by the United States Government.

What are the next steps in this effort?

• Recognizing that the COVID-19 environment is fluid and unique in our history, CISA will continue to work with the critical infrastructure community to provide supportive tools and analysis to help operationalize this guidance. Future efforts will be responsive to the needs of CISA’s partners across the country in both government and the private sector.

What does it mean to be included on this list?

• The list of essential workers should be considered by state and local government officials as those with prioritized need to work safely and for access and re-entry into, out of, and through areas where shelter-in-place, quarantine, cordons, and restricted areas. Different jurisdictions may come to different conclusions as to where essential worker accommodation is warranted based on the prevalence and density of certain infrastructure activity and assets in that area.

My job/company is not listed; what now?

• The intricacies of different jurisdictions and industries means that it is impossible to identify every critical component of every industry across the country. Priorities will also change over time. This guidance is a starting point for jurisdictions to work with their local businesses and for businesses to communicate their needs to their partners in government.
   
• There is a well-established critical infrastructure community managed by CISA and partner Sector-Specific Agencies that includes avenues for engagement for government and industry.