While promising news around COVID-19 vaccines offers a substantial confidence boost to the country, testing and tracing will continue to play a vital part in reopening the economy safely. 

Some estimates predict that 80-90% of the population must be vaccinated (WHO research) to stop the virus spreading easily, and there is uncertainty around whether vaccines stop people being carriers. This means that even if someone has been vaccinated, they will have to remain in isolation for ten days if they encounter someone who is infected. 

Implementing a testing regime in your workplace will help identify asymptomatic cases before the virus has a chance to spread.  Below are some points you might like to consider before implementing a testing regime, based on Government guidance.

What do we need to consider before deciding to test staff?
Who will the testing cover – just employees or anyone working onsite? Will it apply to all staff or just certain groups? Will it apply to those with or without symptoms? How will you deal with agency workers and contractors?

How often will staff be tested?

Do you have appropriate testing facilities?

What type of test will be used? If a third party is providing the testing services, have you carried out diligence and put in place an appropriate contract?

How will you use the test results? Do you have staff that have been properly trained in handling health data?

What policies need to be updated to deal with, for example, handling health information, absence from work and self-isolation?

What will you do if individuals refuse to be tested?

Is the proposed programme compatible with your employment, data protection and health and safety obligations?

Communicating with staff prior to starting a testing programme
It is important to be as transparent as possible about any new internal testing programme before it begins. Communications with the workforce should include clear information on the purpose of the testing; whether or not it will be mandatory; what happens after the results are received, what support will be available throughout the process and what the consequences will be of failing to agree to take a test.

Data protection obligations
Although data protection law does not stop you from testing employees for COVID-19, workplace testing will only be appropriate in specific circumstances (ICO guidance). It’s therefore essential to carefully consider the data protection issues before commencing a testing programme.

In order to comply with your data protection obligations, staff being tested should be given details of what data will be collected; how long it will be kept for and where; and on how and with whom their data may be shared. This could be in an updated privacy notice or a COVID-19 testing policy.

Keeping your business safe and operational
With regular COVID-19 workplace testing you can reassure your employees, reduce unnecessary absenteeism, keep your staff healthy, and demonstrate to stakeholders that your business is safe and fit to operate.

https://www.gov.uk/government/publications/coronavirus-covid-19-testing-guidance-for-employers/annex-b-a-practical-guide-for-employers-who-want-to-offer-workplace-testing-for-asymptomatic-employees 

https://ico.org.uk/global/data-protection-and-coronavirus-information-hub/coronavirus-recovery-data-protection-advice-for-organisations/testing/ 

https://www.who.int/news-room/q-a-detail/herd-immunity-lockdowns-and-covid-19