By David van den Berg

Law360 (April 28, 2020, 5:49 PM EDT) -- The Internal Revenue Service has reported that it has enough face coverings for workers who responded to a request for volunteers to return to work on-site this week, the union representing agency employees said on Tuesday.

Although most workers brought their own face coverings, the IRS said it was able to provide masks for those who did not, according to National Treasury Employees Union National President Tony Reardon.

The agency also reported that there are few enough returning workers that they can comply with physical distancing standards, Reardon said in a statement. Nevertheless, employees who returned to work at IRS offices that were shuttered due to the novel coronavirus pandemic were anxious about their health, he said.

"Among their concerns were how many employees would be there, if the buildings had been cleaned and if extra cleaning and disinfecting would be the standard moving forward," Reardon said.

The IRS had said that all employees who volunteered to be recalled to perform on-site work would be required to wear face coverings and that those who did not may be asked to leave. The agency also said it was working to acquire sufficient personal protective equipment for employees and was trying to get it delivered to work sites soon.

The NTEU represents federal employees in 33 agencies and departments. Reardon said in a statement on Monday that state and local orders requiring people to stay home should be lifted and other conditions should be met before federal employees returned to their offices.

The union's conditions for bringing back workers also included proof of thorough cleaning of sites, adequate supplies of sanitizers and disinfectants, a policy of voluntary maximum telework, workspaces that provide for physical distancing, procedures for taking employees' temperatures before they enter buildings and permitting and providing the use of cloth face coverings.

The IRS didn't respond to requests for information Tuesday about how many workers had returned and to which offices they came back.

The agency said on Saturday that consistent with guidelines issued by the Office of Management and Budget and the U.S. Office of Personnel Management, it had requested, but not directed, several thousand employees to return to work and offered financial incentives.

Chad Hooper, president of the Professional Managers Association, said in a statement on Tuesday that the IRS had good reason to ask workers to return.

"Without the employees being called to serve, customer service operations would remain unmanned, mailrooms would become stockpiles for backlogged taxpayer issues and fraudsters seeking to take advantage of COVID-19 chaos may succeed," Hooper said.

He added that the question isn't whether employees should come back, but whether there is a safe way to bring them back to work. 

Hooper said his association was informed late Friday that the IRS was able to work with a contractor to get surgical masks, disinfectant and hand sanitizer for returning employees, but because of supply chain concerns and because the agency operates at hundreds of locations, it would take time and effort to ensure every facility was stocked with protective gear. By asking for volunteers to come back, Hooper said, IRS Commissioner Chuck Rettig was ensuring that only workers who consider themselves to be at low risk of infection and likely able to get protective gear would return.

However, Hooper said the managers association still had concerns, noting IRS guidance didn't provide much clarity, including on how managers should deal with workers who don't follow guidelines from the Centers for Disease Control and Prevention and for how long the personal protective equipment would be provided. 

--Editing by Joyce Laskowski. 

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