Government guidance suggests that around 1 in 3 individuals with COVID-19 do not display symptoms; in anticipation of entering into phase 3 of the road map to ease lockdown, the Government rolled out COVID-19 lateral flow testing initiative which was to encourage employers to register before 12th April 2021 to access free lateral flow testing kits. This was to enable employers to implement workplace testing as part of protecting the health and safety of their staff from the risk of COVID-19, those businesses who did register and offered regular twice weekly testing for their staff can now showcase their participation, by obtaining free stickers and posters available through a newly launched ‘We Offer Testing to our Staff’ endorsement scheme.
COVID Testing Kit
The lateral flow device (LFD) provides rapid results within 30 minutes of taking the test hence it is a fast and cheap process, the testing programme is not mandatory. However, with the likelihood of more staff returning back to work together with the continued obligation of the employer to protect the health, safety and welfare of all their staff, where employers are considering implementing workplace testing programme then they must first discuss matters with their staff linked to covid risk assessment and try to get their staff to co-operate and agree to this but also be mindful of any refusal falling within the employees protected characteristics under The Equality Act 2010.
Ideally there should be in place a well drafted workplace testing policy that explains why the employer is asking employees to be tested. It is advised the tests take place twice every week; this can be a DIY test provided by the employer or via third party provider or through community testing if under 50 employees via the Local Authority. The time spent testing would be paid as part of working time and explaining the benefits of doing so as per internal health and safety policy together with Government and NHS guidance.
The Procedure
Also, the policy needs to explain the procedure to be followed to take lateral flow test as it does involve taking a swab from the nose and throat which may potentially be unpleasant and explaining that with a positive result there would be an obligation to self-isolate as failure to do so may result in the worker receiving a £50 penalty. With the government-registered workplace testing programme, employees need to be made aware that test results will be shared automatically with NHS Test and Trace, their local GP and Public Health England via the workplace testing e-system.
Where employers offer home testing kits the employees must be made aware that if the test at home is positive, they must let their employer know, to isolate and proceed to take a PCR test arranged through NHS Test and Trace online or by calling 119. If that PCR test is negative, the employee’s period of self-isolation comes to an end but if PCR test is positive, the individual and household must follow the standard self-isolation rules. Anyone who has been within two metres of someone who has tested positive for COVID-19 for more than 15 minutes will be asked to self-isolate for ten days.
Data Protection
Information gathered must be kept safe. The Information Commissioner's Office guidance requires employers to first conduct a data protection impact assessment to justify that processing personal data will be for a legitimate lawful purpose ie workplace covid testing linked to risk assessment and hence deemed necessary under the circumstances and must ensure that such information complies with employee’s rights under Data Protection legislation.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
