Guidance

Annex A: a supplementary guide for private-sector employers and third-party providers who want to offer workplace testing for asymptomatic employees

Updated 26 February 2021

This guidance was withdrawn on 8 March 2024

This content is now available at COVID-19: guidance and support.

Applies to England

Introduction

This guidance is for private-sector employers looking to establish their own asymptomatic testing sites (ATSs), either through:

• a ‘DIY’ option
• engaging with a third-party provider

It is not aimed at those seeking to test individuals with COVID-19 symptoms – they should access testing through NHS Test and Trace.

Also note that testing is a complementary tool and not a replacement for other important measures such as social distancing, good personal hygiene and optimal ventilation requirements which are used to stop the spread of the virus, and designed to protect staff and businesses. Please refer to the guidance on working safely during coronavirus.

For more comprehensive information (including webinars, set-up guidance and additional communications support) about employer-led testing, register to order coronavirus tests for your employees.

Setting up for testing

How often you need to test

It is recommended that private-sector employers offer their on-site workforce access to a minimum of 2 lateral flow tests every week. This will help identify staff who are carrying the virus without displaying symptoms, reducing the risk of transmission.

Communicating to your staff

To combat lack of awareness, the purpose and outcome of testing should be clearly communicated. We provide communications guidance to support private industries partners in their communications about the asymptomatic testing programme and to ensure consistency with national messages.

The local private industries partners with Department of Health and Social Care (DHSC) communications teams who are able to assist with key communications principles, approved national messaging, insights and communications collateral which can be used to support communications activity.

Setting up the site

There is a comprehensive guidebook which provides detail on build options for site set-up. The site layout options are modular and scalable.

Organisations should build testing sites by considering the number of booths required and privacy needs, and scale accordingly. Thought should also be given to the participant arrival area, the dedicated zone or zones on site for test participants to collect their swab sample and test, and the zone or zones on site where participant samples are received and analysed. Accessibility considerations including wheelchair access, hearing loops and varied seating for people with different physical needs, are also encouraged.

Staff requirements

Workforce blueprints are designed to complement any ATS standard operating procedures or operating manuals. They also act as a guide to identify the workforce requirements and numbers. Sourcing, training and wider end-to-end workforce management (for example, payroll) will also need to be considered.

Personnel should be flexibly resourced across positions depending on individual site requirements. The guidebook provides indicative guidance for small, medium and large ATS sites to support the calculation of workforce resource requirements, but is not considered to be a definitive allocation pertaining to every site. Organisations should make management decisions on site to ensure adequate resources are positioned across the testing site.

Ordering and storing kits

You can order test kits once you have registered.

Upon the provision of company validation and confirming eligibility, you will be granted access to the Egress platform. Following access and signing of the standard terms and schedule, free test kits can be ordered.

Once received, lateral flow devices (LFDs) and reagents must be stored between 2˚C and 30˚C. LFDs and reagents must be stored between 15˚C and 30˚C when used for testing and sample processing. LFDs must be kept out of direct sunlight. The shelf life of test kits is 24 months from the date of manufacture

Where third-party healthcare providers and any staff are responsible for procuring privately sourced test kits on behalf of the employer they are strongly advised to be aware of the Medicines and Healthcare Products Regulatory Agency (MHRA) guidance:

• guidance on the In Vitro Diagnostic Medical Devices Directive 98/79/EC – this guidance outlines the current controls on the sale and supply of in vitro diagnostics (IVDs – test kits) and explains the main features of Directive 98/79/EC which regulates the manufacture and procurement of an IVD
• guidance on management of in vitro medical devices – this guidance is aimed at all staff who are responsible for purchasing, supplying, using, maintaining and replacing IVDs (test kits)

Testing staff and reporting results

Testing staff

Participants are required to enter their personal details and test kit barcode each time they’re tested. Participants can create accounts that save their details, so that they do not need to enter them the next time they get tested.

Participant registration may take up to 15 minutes per participant depending on the questions that they have to answer for their circumstance, their digital literacy, and whether they have an existing NHS account.

Participants are encouraged to use their own mobile devices for the registration process. However, Employers can choose to provide devices for registration. Registration can be completed on any device (computer, tablet, phone) with an internet connection and browser, and the device should be corporation managed and configured so participants cannot use it for any other purpose.

Notifying staff of the results

The Test and Trace systems will link the test participant’s registration record with their test result. Results will be sent to the participant via SMS and/or email and will be communicated within a day of the test. If participants have registered online and do not receive their results within a day of the test, they should get tested again and ensure their contact details are correct. Test results are also reported to Test and Trace, their local GP and Public Health England (PHE).

Participants do not have to legally share their test results directly with their employers. However, they are obliged to inform their organisation if they test positive. If employers want participants to share their results, they are responsible for getting their consent.

Reporting tests and results

If a member of staff tests positive they must, by law, immediately self-isolate (or continue to self-isolate if they are already doing so) when asked to do so by Test and Trace, a person employed or engaged for the purposes of health service, or a local authority, until either:

• 10 days after the point of developing symptoms, if they have symptoms
• 10 days from the date of the test, if they do not have symptoms

They should share information promptly about their recent contacts when they are contacted by NHS Test and Trace, so that Test and Trace can alert those contacts if they need to self-isolate.

Reporting test results to PHE

Organisations are responsible for taking action if one of their participants informs them they have received a positive result. They will be encouraged to contact PHE and/or their local authority to seek guidance or support contact tracing.

There is further guidance for reporting results to PHE at COVID-19 and influenza point of care testing results: how to report.

Reporting incidents to MHRA

Organisations are required to record and report adverse incidents to MHRA.

Adverse incident reporting is an MHRA regulatory requirement, and all sites should record and report this as part of their day-to-day running. The team leader is responsible for reporting all adverse incidents to MHRA.

Data protection and coronavirus: advice for employers

Test results are sensitive data and so should be handled with care.

It is possible for employers to receive the results of their employees’ tests, but only if they have appropriate grounds for lawful processing under the General Data Protection Regulation (GDPR). The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights. Read information for employers from the ICO about data privacy and COVID-19.

Communicating a positive virus test case to the workforce

Employers are encouraged to keep staff informed about potential or confirmed COVID-19 cases among their colleagues. However, they should not name individuals, and should not unlawfully share anyone’s personal data (including anyone’s test results).

The ICO is clear that data protection law does not prevent an employer ensuring the health and safety of their staff. It should not be viewed as a barrier to sharing data with authorities for public health purposes when necessary and proportionate, such as working with the NHS Test and Trace service.

Read information for employers from the ICO about data privacy and COVID-19.

What an employer can do with the results

Employers can use virus test results to understand who in their workforce currently has COVID-19, and who is legally required to isolate following a positive COVID-19 virus test.

What an employer cannot do with the test results

An employer must ensure that any lists of members of staff made from collecting their sensitive health data, including their test results, do not result in any unfair or harmful treatment of workers.

It would also not be fair to use, or retain, information for purposes staff members were not told about or would not reasonably expect.

Please be aware that employers must not knowingly allow a person who has been told to self-isolate to work anywhere other than where they are self-isolating. Employers found to be in breach of this requirement will be issued with a fixed penalty notice (starting at £1,000).

Useful guidance checklists

Checklist of considerations when testing workforce personnel

Before deciding to establish a testing programme, employers are advised that they are clear on:

• who the testing will cover – for example, whether this is all directly employed staff, or includes individuals working onsite, such as contractors
• that the focus of the programme is for personnel who are not currently showing symptoms
• how often staff will be tested
• the appropriate facilities for carrying out the tests
• which test should be used
• what the arrangements will be for any individual who does not wish to be tested
• how the employer will use test results, including its policies on matters including handling health-related information, absence from work, self-isolation, diversity, and non-discrimination
• the compatibility of the programme with its legal responsibilities to staff including under health and safety, equalities, data protection and employment law
• legal duties to report test results to PHE will be carried out
• affordability associated with the implementation of a testing programme

Third-party healthcare providers who want to provide a testing service are advised that they are clear with employers on:

• the benefits and downsides of testing their staff
• how reliable the results will be, and what the limitations are
• what a test result means, in non-medical language
• how they are following the measures set out in this guidance

Third-party healthcare providers should understand what legislation and regulations they will need to follow, including around data protection and patient confidentiality, and how they will meet these as required.

Checklist for communicating the intention to test staff

Transparency is very important when outlining to staff an employer’s decision to develop and implement a testing programme.

When communicating with staff about a new internal testing programme, employers are strongly advised to communicate clear information on:

• why they are setting up a testing programme, as well as or instead of accessing the existing national programme
• whether the programme is voluntary or mandatory
• what the consequences are for staff who decline to take part in the testing programme
• what the next steps are for staff after they receive the result, including the requirement to notify their employer of a duty to self-isolate if the worker is due to work (or undertake work activities) during the isolation period (failure to do so may result in a £50 penalty)
• where staff can seek advice on their rights throughout the process
• whether staff will have the opportunity to discuss the collection of such data if they have any concerns
• what to do after receiving a test result, including the legal requirement to self-isolate for 10 days from the beginning of any symptoms, in the case of a positive test

Employers are strongly advised to consult with their staff associations or unions ahead of developing and implementing any policy.

Checklist for GDPR and data protection

The ICO has set out specific points on GPDR and the Data Protection Act 2018.

To comply with the GDPR and the Data Protection Act 2018 employers must:

• process all data lawfully, fairly and transparently
• ensure staff are aware of what personal data is required, what it will be used for, and who it will be shared with taking account of the ICO’s guidance on individual rights
• make staff aware of how long they intend to keep the data for

Employers are advised to make all staff aware of how their personal data will be processed before processing begins. Further detailed information on how to do this is set out in the ICO’s guidance for employers.