We recently developed a document to help employers understand what their obligations are, in relation to a member of staff who uses the NHS test and trace service, if their results come back as positive for Coronavirus. We have also included what their responsibilities would be if employees are contacted by the Government as they have come into contact with someone who has tested positive for the Coronavirus. Would thought this would be useful to share with you as we now approach the returning to some kind of normality.
As stated on the Government website, if you’re in England, Scotland, Wales or Northern Ireland and have any of the symptoms of coronavirus, you can ask for a test through the NHS website.
Whilst an employee awaits results they must self-isolate if they have any of the following symptoms;
- A high temperature (37.8 or higher)
- A new continuous cough
- A loss of, or change in, their normal sense of taste or smell (anosmia)
Those who live on their own
If they live alone and have symptoms of coronavirus illness (COVID-19), however mild, they should stay at home for at least 7 days from when their symptoms started.
After 7 days, if they do not have a high temperature, they do not need to continue to self-isolate. If they still have a high temperature, they should keep self-isolating until their temperature returns to normal. They do not need to self-isolate if they only have a cough or anosmia after 7 days, as these symptoms can last for several weeks after the infection has gone
Those that live with others
If they live with others and they are the first in the household to have symptoms of coronavirus (COVID-19), then they must stay at home for at least 7 days and all other household members who remain well but live with the person must stay at home and not leave the house for 14 days from. The 14-day period starts from the day when the first person in the house became ill. For more information click here.
Test results
If an employee receives their test results back and they are positive they should continue
self-isolating for the remainder of the 7 days but anyone in their house hold should complete the 14 days isolation period.
Employees who receive a positive result will be guided by the NHS test and trace service and will be asked to share who they have been in contact with and places they may have visited. The NHS test and trace service are advising that employees with a positive result contact them as soon as possible, so they can provide the necessary advice to those who need it.
If employees are contacted by the NHS test and trace service because they have been in contact with someone who has tested positive, they will be advised to self-isolate for 14 days from the last day they came into contact the specific individual. They must self-isolate even if they are not feeling symptomatic. They can order a test should they start showing symptoms of the coronavirus. They will receive a formal notification regarding self-isolation. As an employer will need this to claim a rebate for Statutory Sick Pay.
If the Government contact an employee about their test results, they may ask about other people they have been in contact (other than household member) they call this ‘close contact’. This is contact within the last 48 hours before the employee developed symptoms and up to 7 days after symptoms appear. This means;
- Face to face interaction (less than 1 metre)
- 15 minutes or more with someone within 2 metres
- Travelling in a car, small vehicle or close contact on a plane, this would include even short journeys
If they work in – or have recently visited or attended – one of the following settings, the contact tracing process will be escalated to local public health experts, who will liaise as necessary with the manager of the relevant setting:
- a health or care setting, for instance a hospital or care home
- a prison or other secure establishment
- a school for children with special needs
- any setting where there is a risk of a local outbreak
Informing employer
Employees should inform people they have been in contact with that they have developed symptoms and are waiting for the test results. Failure to report a notification under the track and trace could be deemed as a breach of public health as well as a breach of the Health and Safety Act due to it putting other people at risk. Employers could benefit from having a policy/management guidance in place which obliges staff to disclose notification for the safety of other employees.
Employers should as already advised ensure that social distancing is in place as this will reduce the amount of employees that are then in ‘close contact’ and therefore may need to be isolating. You need to prepare information for employees on how this should be observed and what will happen in the case of a positive test. Make sure this is also covered in your Risk Assessment. You can find out more information about Health and Safety Responsibilities including Risk Assessments on the HSE website. If you need help with Risk Assessments or Health and Safety responsibilities then pleas get in touch.
If there is more than one case of COVID-19 associated with a workplace, employers should contact their local health protection team to report the suspected outbreak. You can find your local centre on this link.
They will:
- undertake a risk assessment
- provide public health advice
- where necessary, establish a multi-agency incident management team to
Management responsibility
It is strongly recommended that regular monitoring of this guidance takes place given the frequency of updates and guidance the Government are providing at this time in relation to Covid-19. The NHS test and trace service does not change the existing guidance about working from home wherever possible. You can also find out more about the five steps the government are asking employers to follow here as well as specific sector information..
Employers have a duty to consult their workers, and unions where applicable, as part of their risk assessment. The government advise that the assessment is then documented and shared with employees. Have a think which other policies or processes you potentially need to update.
If you wish to discuss this with your HR Consultant please do not hesitate to get in touch on 01924 827869. We can also support schools and businesses in relation to policy management, contract management, health and safety and of course HR support. Call 01924 827869 for more information.
We are trying to keep information up-to-date but as guidance is constantly changing, please check our latest blogs and also refer to our COVID FAQ questions which you can access here.
References
https://www.gov.uk/guidance/nhs-test-and-trace-how-it-works
https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance
