Here are some examples of the scenarios that have happened during the lock down

• A person feels unwell and with suspected corona virus symptoms, so they go home from work
• A person phones in to say that they won't be in because they have been in contact with someone that may have corona virus
• An employee has taken themself for a test and recieved info that they have the virus

Many concerned staff in the workplace are demanding to know the results of other employees results.

Question is, if the employee who went off sick and tested positive for corona virus does the emploer have to tell the staff this infomation, and warn the people who they may have been in contact with?

What steps should the employer take if a confirmed case is reported in their workplace (from a communications point of view)

Originally Posted by: Mark-W

Not sure on the legality but morally I think all staff should be informed so they can make an educated decision to their actions.

I have a client, 1 managers wife is the manager of a care home. A member of staff has gone home because of symptoms, rest of staff carry on as normal. Still awaiting test results. But the bit I don't get, if she comes back and says I have the virus then members of staff who she worked closely with have to self isolate. Which I think is good, BUT other members of the household don't. 

So in this case, the manager would self isolate, but the managers husband isn't obliged to and carry on attending work. And possibly then deliver the virus into the office. I've spoken to him and he's adament that if this is how it pans out there is no way he's self isolating until his wife starts to show symptoms or tests positive.

This scenario I find completely bizarre

If she comes back positive then she cannot return for 7 days and anyone else in the household has to quarantine for 14 days, or 7 days after a positive test.  Out of duty of care to the office, he should remain away for test results (24hrs normally).  Does he really need to be in? can he not work from home?

We have decided to tell all staff on site if someone has had symptoms (even if they develop over the weekend) so that they are aware and can make a decision that is right for them. We want real transparancy over this while trying to comply with GDPR requirements.

My concern is that there is a risk of under reporting if people think that they will be judged for reporting symptoms etc.

Originally Posted by: craigroberts76

Originally Posted by: Mark-W

Not sure on the legality but morally I think all staff should be informed so they can make an educated decision to their actions.

I have a client, 1 managers wife is the manager of a care home. A member of staff has gone home because of symptoms, rest of staff carry on as normal. Still awaiting test results. But the bit I don't get, if she comes back and says I have the virus then members of staff who she worked closely with have to self isolate. Which I think is good, BUT other members of the household don't. 

So in this case, the manager would self isolate, but the managers husband isn't obliged to and carry on attending work. And possibly then deliver the virus into the office. I've spoken to him and he's adament that if this is how it pans out there is no way he's self isolating until his wife starts to show symptoms or tests positive.

This scenario I find completely bizarre

If she comes back positive then she cannot return for 7 days and anyone else in the household has to quarantine for 14 days, or 7 days after a positive test.  Out of duty of care to the office, he should remain away for test results (24hrs normally).  Does he really need to be in? can he not work from home?

Perhaps my bad wording, the member of staff in the care home is awaiting her results. But if she comes back positive, then other members of staff she was in close proximity to have to self isolate for 7 days. But whilst they are self isolating other members of their household don't. 

As for the manager in my clients office, out of duty of casre he should stay away, fully agree. Does he need to be in NO, Can he work from home Yes. He did but 3 weeks ago decided that he was bored at home so off his own back went into the office. When I discussed it with a director, I was asked, Who is going to tell him to work from home. When the directors are like that, I stand no chance

Originally Posted by: craigroberts76

Originally Posted by: Mark-W

Originally Posted by: craigroberts76

Originally Posted by: Mark-W

Not sure on the legality but morally I think all staff should be informed so they can make an educated decision to their actions.

I have a client, 1 managers wife is the manager of a care home. A member of staff has gone home because of symptoms, rest of staff carry on as normal. Still awaiting test results. But the bit I don't get, if she comes back and says I have the virus then members of staff who she worked closely with have to self isolate. Which I think is good, BUT other members of the household don't. 

So in this case, the manager would self isolate, but the managers husband isn't obliged to and carry on attending work. And possibly then deliver the virus into the office. I've spoken to him and he's adament that if this is how it pans out there is no way he's self isolating until his wife starts to show symptoms or tests positive.

This scenario I find completely bizarre

If she comes back positive then she cannot return for 7 days and anyone else in the household has to quarantine for 14 days, or 7 days after a positive test.  Out of duty of care to the office, he should remain away for test results (24hrs normally).  Does he really need to be in? can he not work from home?

Perhaps my bad wording, the member of staff in the care home is awaiting her results. But if she comes back positive, then other members of staff she was in close proximity to have to self isolate for 7 days. But whilst they are self isolating other members of their household don't. 

As for the manager in my clients office, out of duty of casre he should stay away, fully agree. Does he need to be in NO, Can he work from home Yes. He did but 3 weeks ago decided that he was bored at home so off his own back went into the office. When I discussed it with a director, I was asked, Who is going to tell him to work from home. When the directors are like that, I stand no chance

If they are house sharing and her test results are positive then he MUST isolate, end of, im sure the business continues when hes on holiday

My bad wording.   Person A is care home worker, Person B is care home manager, Person C is married to B and 1 of my managers.

Person A has a positive reult,

Person B has worked in close proximityto A so self isolates as per current guidance

Person C who lives with person B doesn't have to isolate and can carry on with normal life.

I think this is wrong as both B & C could have virus and spread it, while B is isolating at home, C is in the office with 15 other members of staff, putting them at risk.

This is where there is so much ambiguity. If you put to many restrictions or spell it out to the letter, people moan. So you give guidance but leave a little wriggle room, people take the preverbial and it goes horribly wrong.

Some peoples moral compass is a little skewed if it means a little hardship, they don't see the bigger picture.

As it happens, when I visited the office to conduct their C19 RA, this manager was the first to approach me and tell me my job and that there was no way he was a threat to anyones health

Originally Posted by: craigroberts76

I suspect that C19 will become a PPI claims nightmare, maybe mention this possibility and that if anyone becomes ill and he was near someone who had symptoms they could make a claim if it happens ;) but legally he doesnt have to unless his wife shows symptoms or tests +

I've informed the directors they have a duty of care to provide a safe place to work but it falls on deaf ears.

^^^  Fully agree, this company have an open plan office with normal staffing levels of just over 20. Currently they have about 15 back to work. When I point out the guidance is still to work from home where possible they aren't interested. They just want their staff back, 1 manager who has voiced her concerns, without any prompting from me, is now being looked upon as a trouble maker and not playing the game.

YES you should tell them, if they have come in contact with them.

Have you not got track and trace in your workplace!!!!!

There has never been a better time to be living alone and unsociable......

Morally may seem the right answer to publish on a noticeboard who has been positive tested.  Otherwise, how ydo you as the employer know who they have been in contact with whilst at work! 
However, surely the test result comes under special category data (GDPR), so how are we going to justify makng that test result known to the other employees? And perhaps as important, which employees - all, some, which ones and why?  
As there is now government run track & trace system in place, perhaps the tested person should be told to contact them, and the employer provide a list of employees the company considers would have been significant contacts. It would then be for the T&T people to contact the relevant employees.  
In contrast to a company policy of sharing special category data, the Gov track and trace, at hits highest, is a matter of asking to share, civic duty to tell with no requirement or penalty of failing to do so.  

Edited by user 12 June 2020 11:50:14(UTC)  | Reason: Not specified

Originally Posted by: AcornsConsult

Morally may seem the right answer to publish on a noticeboard who has been positive tested.  Otherwise, how ydo you as the employer know who they have been in contact with whilst at work! 

Wow...morally post on the notice board those with mental health issue too?...regardless this is medical in confidence information that can't be stuck on a notice board!!!

There is no excuse for sharing this without the proper permissions and I would actively encourage anyone who finds thier information shared in this manner to sue thier employer for breach of confidentiality...

Originally Posted by: Bigmac1

We are in a pandemic, its not like your telling everyone that some person has VD FFS.

It is exactly the same you don't have the legal right to share that information....you will create a witch hunt and cause you more problems that it solves...

Achrn - yes I agree...legally medical tests are personal data and under The National Health  Act 2003 it is an offense to disclose that information...

I disagree strongly that just because it is a workplace you can ignore those rules...you WILL have to have consent for sharing any information...we even have to attempt to get consent when there is a imminent threat to that persons own life..certain individuals may have that information in a company - Company Doctor or OH, but you still cannot share that without that persons consent....

The circumstaces to release confidential medical information about an individual without thier consent are strict but not absolute - where the doctor has a duty to disclose a notifiable infection or disease for example, the regulations have been updated to include COVID 19, but that still doesn't mean you in the workplace can share that information adn we still have to attempt to get consent and record the reason why it wasn't obtained.  It just means that the Health Protection apparatus takes over and test and tracing begins..

I can see a scenario and we have had this is Africa, where a company performs a test (in house) and the results of that test mean that company sponsored contact tracing needs to begin...but if Patient 0 does not give consent to contact or give you information on who, your hands are tied....all that you can do is what we planned for when SARS was first mooted (I was part of the Cabinet Office working group at that time) where you look at your business continuity plans and see where you are vulnerable as a result of loosing great wadges of staff...  but still you won't know the exact PT 0...you just know they are off sick..

I think saving someones health and possibly the lives of others in this case is more important than someones feelings. Do you think Panaram got permission to from people in coma's to film in ICU. Sometimes in life you need to stand up and be counted and stop being so liberal, protection of the many is important, these are unprecidented times and at times as this GDPR can be stretched without being broken.

You dont need to name anyone. Its no different to track and trace. The track and trace would tell you the exact same information, if the only place you have been is work then you know you caught it from someone at work. As for swearing it wasnt swearing, dont assume what my accrinims mean please and was not aimed at you but the subject. 

Sorry not read every comment so if i am repeating anyone i appolgise. Im baseing my response on this document now.

https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance

Originally Posted by: Bigmac1

I think saving someones health and possibly the lives of others in this case is more important than someones feelings. Do you think Panaram got permission to from people in coma's to film in ICU. Sometimes in life you need to stand up and be counted and stop being so liberal, protection of the many is important, these are unprecidented times and at times as this GDPR can be stretched without being broken.

You dont need to name anyone. Its no different to track and trace. The track and trace would tell you the exact same information, if the only place you have been is work then you know you caught it from someone at work. As for swearing it wasnt swearing, dont assume what my accrinims mean please and was not aimed at you but the subject. 

Good luck with your feelings when the legal letter arrives informing you/the company, that legal proceedings are being taken.....hopefully, the employee will not be a union member (with free legal representation). What the public health authorities can do in track-and-trace is vastly diferent to what the company can do. Suggest they get legal advice before proceeding with persecution.

Originally Posted by: Bigmac1

I think saving someones health and possibly the lives of others in this case is more important than someones feelings. Do you think Panaram got permission to from people in coma's to film in ICU. Sometimes in life you need to stand up and be counted and stop being so liberal, protection of the many is important, these are unprecidented times and at times as this GDPR can be stretched without being broken.

Firstly I assume you mean Panorama - yes they would have had permission to use those images.

Second - this isn't GDPR it is medical confidentiality. 

Thirdly - I work with this day in day out...Personally I am standing up and being counted and not bowing to the threatening masses who think they can bully people into breaking or bending the rules just for thier own piece of mind or because the read it in the Sun...and the same people give 'Professional Competent Advice' to Companies as Members of IOSH...I have said this before and I will say it again having been a member of IOSH and generally I have respect for most people I have come across who call themselves CMIOSH but this just shows how the profession gets so little respect from everyone....If I was in the membership team I would look seriously at some of the memebrs comments here and consider thier status....poor show guys poor show.

PS - Using 'unprecidented times' buzzword to justify your response doesn't work..

Originally Posted by: Bigmac1

The point is I work in safety, looking after peoples health, stopping the spread of a virus to others, nI dont work in HR.

I cant imagine anyone not wanting to help save lives. As for naming you dont need to name anyone, simply say that they have been in contact with someone with Covid-19, they need to self isolate and not carry on spreading the virus. 

You should therefore do the same with any employee who presents with influenza then......after all, 'flu can be quite serious to people with underlying health problems. Or better, get legal advice before you put yourself or your employer on the frontline..

Just following the trend.

After all, the govt gave full access to NHS patient data to an American company for $1 (not Amazon)