COVID-19: What do the changes to the isolation rules mean?
As of the 16th August, the rules around isolation have changed for close contacts of confirmed positive cases. Here, we look at what that means for:
businesses, such as studios, venues, technical companies;
broadcast, including crew, cast and close contact cohorts (CCC’s)
key points, including declarations and the NHS app
Summary of key points
On 16th August 2021 the restrictions on having to isolate if you are identified as a close contact of a positive COVID-19 case have changed in England.
It will no longer be an automatic requirement to isolate if you are identified as a close contact of a positive case provided you are fully vaccinated or aged under 18.
The change brings England in line with similar recent changes in Wales and Scotland. However, it will still be a requirement to isolate if you test positive for COVID-19.
To be able to avoid isolation there are some requirements. You must:
Have had both vaccinations, the 2nd of which was longer than 14 days before the contact, or
Be under 18 years old, or
Be able to prove a medical exemption from the vaccine.
The government also advises that instead of self-isolating, those who are double jabbed, or under 18s identified as close contacts of positive COVID-19 cases are advised to get a free PCR test as soon as possible. There is no requirement to isolate whilst awaiting the results. If someone does not fulfil the criteria above and is identified as a close contact, they will still be required to isolate for 10 days, as previous
The differences between the nations
The requirements are also slightly different in the 4 nations.
Wales advises you have a PCR test on day 2 and day 8 of contact
The Scottish Government recommends you have a single PCR test but that you isolate whilst awaiting the result
Northern Ireland currently retains the requirement to isolate if you are a close contact irrespective of vaccination status
What does that mean for us as a business?
For members of your staff that have been identified as a close contact of a positive case, so long as they meet the criteria outlined above i.e. they can demonstrate they’ve been double vaccinated (eg via the NHS app) AND have a negative PCR test (*double vaccinated status requires that they have received their final dose of the vaccine at least 14 days prior to contact with a positive case), they are able to return to work. They must still isolate until they have the results of their PCR test.
However, businesses should also take a cautious view on this and assess on a case by case basis. Establishing level of contact and exposure the employee has had to the positive case. For example, where two members of a team have been working indoors in a small room together, without masks then a cautious view should be taken.
Remember that it is unlikely an RT-PCR test taken immediately after their team mate / close contact has tested positive will detect whether they have contracted the virus. In this example, it is advisable to isolate and wait until day 3 before taking a PCR test.
This is one of the reasons it remains important to continue asking staff to complete their health declarations. It allows you as a business to quickly identify anyone that has had contact with a positive case, so you are able to assess further.
Broadcast, film and TV
For broadcast and film , it is important productions are communicating with their commissioners (where applicable) to ensure they are following the procedure for isolation and close contact cohorts (CCC’s).
An example of how the new isolation work can be managed, again after the cast or crew member meets the correct criteria;
For onset cast and crew: complete a PCR and isolate until the results are known. An extra level of mitigation and protection is recommended for this group, which includes daily LFT’s for 10 days, in addition to the PCR test to release from isolation .
All crew: ensuring they meet the criteria for release from isolation, providing a negative PCR
The industry has worked together during the pandemic to offer guidance and industry best practice. The BFC has updated its guidance to reflect the changes of the isolation rules, and can be found here.
Questions
Can I check someone has been double vaccinated - how about GDPR?
The reason for checking an employee’s vaccination status should be clear to them. In order for them to return to work outside of isolation, the business must be satisfied they meet the correct criteria, as previously noted. UK GDPR applies to certain ‘processing’ of personal data.
If you are only conducting a visual check of COVID Passes (either a hard-copy document or a pass held on a digital device, such as the NHS app) and do not retain any personal data from it, this would not constitute ‘processing’. The activity would therefore fall outside of the UK GDPR’s scope.
However, if you are conducting checks digitally (for example, by scanning the QR code displayed on the pass), this would constitute processing of personal data – even if you do not keep a record of it. The UK GDPR would therefore apply.
If you make a record of any personal data, whether you conduct visual or digital checks, then you would be processing personal data and the UK GDPR would apply.
My member of staff won’t show me their vaccination status
It is important to remember that this is personal data and the employee can choose not to show their vaccine history. However, if this is the case and you are unable to verify their vaccination status, they should follow the previous isolation rules and isolate for the necessary 10 days.
Now the rules have changed with isolation, can we remove our declarations?
It is still important that you are controlling the risk of infected persons entering the work place as much as possible. Also as previously noted, it is also important for the business or production to be made aware of a positive case, or contact with a positive case so that further assessment can be made. As a result, it is highly recommended that you continue with your declarations, including questions around close contact with persons having symptoms or testing positive for COVID-19
Surely I don’t need the NHS app anymore?
Firstly, it is important to remember that there are two different NHS apps. The first, which is the NHS COVID-19 app alerts you if you’ve been in close contact with someone that has tested positive. Even though the rules may have changed for isolation, it is still important that staff follow the requirements for testing and isolation until their results have been returned (where they meet the criteria as previously outline)
Secondly, the NHS app which holds the individuals personal data, will also show their COVID vaccination status. This is a good method to identify when they had their second dose and they are able to leave isolation.
If the government are saying you don’t have to isolate whilst waiting for the test result, why are you advising we do so?
Whilst there is still a legal requirement to isolate if you test positive, there is still a business risk to your workplace, studio or production.
And because, by their nature, the biggest risk lies with cast, presenters or key people becoming ill and closing production the time isolating gives some extra protection, if that person then tests positive. However, we will also advise based on the individual circumstances and an assessment of the risk to production from a positive case.
Remember
Positive cases still need to isolate
There is still a requirement to isolate if you are a confirmed positive case. This will continue to have an impact on studios, businesses, productions, including potential shutdowns, and so protective measures particularly around key staff, cast and crew, should continue to be followed.
Health and Safety law and responsibilities still apply
As it has throughout, your obligations to the health and safety of your employees and others, both criminally and civilly remain in place. That includes the consequences of any workplace exposure to a biological hazard, such as Covid. That could include criminal sanctions for breaches of health and safety law or exposure to negligence claims as a result of a workplace outbreak.
The control measures work
Throughout the pandemic, businesses and productions have not generally seen outbreaks occur, which is a testament to the measures you have been putting in place. Sensible measures should continue to be taken to prevent spread and infection of the virus, in line with government and relevant industry guidance.
This guidance applies to UK only. Overseas workers and productions will need to adhere to local restrictions and protocols