Dear clients,

Yesterday, extraordinary measures of the Ministry of Health (available in full here and here) were issued, which regulate the mandatory testing of employees, as follows:

- in the case of employers employing at least 250 persons - valid from 12 March 2021

and

- in the case of employers employing 50 to 249 people - valid from 15 March 2021

- the obligation to allow presence at the workplace only to those employees who have undergone in the last 7 days:

• RT-PCR test or antigen test

or

• preventive test at the employer's workplace to determine the presence of SARS-CoV-2 virus antigen through a test provided by the employer

OBLIGATION OF EMPLOYERS

- Provide, at the latest from 3 March 2021 (250 +) / from 5 March 2021 (50-249), POC antigen tests for SARS-CoV-2 virus antigen performed by the health service provider and / or determining the presence of SARS-CoV-2 virus that can be used by a lay person at a frequency of at least once a week;

- if the employee is not present at the employer's workplace on the day of the testing date, his preventive testing shall be performed on the day of his arrival at the workplace;

- employers are obliged to invite their employees to undergo a preventive test no later than March 5, 2021 (250 +) / March 8, 2021 (50-249) to enable their presence at the employer's workplace, no later than 12. 3. 2021 (250 +) / 15. 3. 2021 (50 - 249);

- if the employee performs work exclusively outside the employer's workplace within a seven-day period, the employer will allow him to undergo a preventive test outside the employer's workplace (this does not apply to an employee performing telework - home office).

OBLIGATIONS OF EMPLOYEES

Employees are obliged to undergo testing at the request of the employer - an exception - persons who have undergone laboratory-confirmed COVID-19 disease, their isolation period has expired according to the valid emergency measure of the Ministry of Health, no symptoms of COVID-19 disease, and since the first positive RT-PCR test on the presence of SARS-CoV-2 virus or POC antigen test for SARS-CoV-2 virus has not elapsed for more than 90 days. According to the available methodology of the Ministry of Industry and Trade, a "guide to self-testing in companies" (link), this fact should be proved by an employee with a medical report.

If the result of the preventive test for the presence of SARS-CoV-2 virus performed at the employer's workplace is positive

- from 2 March 2021, employees who have carried out or have been subjected to a test for the presence of SARS-CoV-2 virus by a lay person by means of a test provided by the employer and whose result has been positive shall be obliged to:

• notify the employer without delay;

• leave the workplace to the place of his current residence;

• immediately inform about the result of the test of the occupational health service provider of the employer (if so determined by the employer) / otherwise inform the registering health service provider in the field of general practice - or, practice medicine for children and adolescents;

• a request for a confirmatory RT-PCR test will be issued for these persons and the employee is obliged to submit to this without delay.

In the event of non-compliance with the above procedure, the employee may be fined in accordance with the Act on Extraordinary Measures in the COVID-19 Epidemic (Pandemic Act), up to the amount of CZK 50,000. Theoretically, the employer may face a fine of up to CZK 500,000 for non-compliance with the above obligations.

SUMMARY

EMPLOYEE CATERING

There is also a new obligation in relation to employee canteens to provide meals so that a maximum of 1 person is sitting at one table; in the case of a long table where more than one person can be seated, a distance of 2 meters must be maintained between these persons or a mechanical barrier must be placed between them to prevent the spread of droplets.

In case of any questions about the above, we of course remain available to you.