My response was essentially, "I can do it, but we will need to explain why we are going against CDC guidelines or else I see a mass problem on our hands. Can you get that reasoning for me so I can share it?"
A few hours later, the request for the memo was rescinded. Big win in my book.
Correct. The CDC is not a regulatory body. It can only make recommendations. They issue nonbinding guidelines.
In the defense of employers, they really do not have clear understanding of what they must do in these circumstances. I have worked with CDC and OSHA guidelines in the workplace. These guidelines are a minefield and are the source of so much confusion for many employers. The whole area of what is required by law and what is just recommendations deliberately keeps employers guessing as to what are the minimum standards of compliance that they must adhere to in the workplace. This confusion has caused many employers to spend thousands for services to bring them into compliance - or so they think. Many of these services that I have examined are a waste of money and are self serving for those entities that provide these services. They have created a niche for themselves out of the confusion - so there is no incentive for them to clear the waters.
A CDC recommendation is simply that - a recommendation. The only way an employer is mandated to follow that recommendation is if their state has taken that CDC recommendation and codified it into state law and regulation which usually is incorporated into OSHA. Bloodborne Pathogen regulations are an example.
My experience with employers is that they generally only want to do what is required by law. Trying to follow a lot of recommendations will make you crazy and broke. Employers are usually grateful when someone can give them an out. This seems to be one of those examples.