Workplace testing (UK-Covid)

Some employers and third-party healthcare providers may want to introduce their own internal testing programmes outside of NHS Test and Trace.

NHS Test and Trace is for those who display symptoms of COVID-19 or who have been advised to take a test by a medical practitioner or public service. Employer and third-party healthcare providers wishing to provide a test to staff must not advise individuals without symptoms to get a test from the limited supply offered by the NHS Test and Trace service, but may offer alternative private provision.

The government first published guidance on 10 Sept 2020.

The guidance was updated several times since, and on 26 Feb 2021 was updated –

Updated to reflect the ongoing evolution of private-sector testing. In particular, updated advice in relation to lateral flow device (LFD) testing, routes to access testing, and a more comprehensive supplementary annex for employers and third-party providers wishing to offer workplace testing for asymptomatic employees.

The guidance is here.

Note CE marking is replaced by UKCA marking. Information on UKCA marking is here.

Existing CE marked goods may continue to circulate on the GB market in 2021 under transitional arrangements.

CE marked goods may circulate in Northern Ireland under the Protocol, UKCA goods must be marked UKNI in the Northern Ireland market (see the UKCA marking link).

Counting GB divergence from EU law (Britain)

To date (end Feb 2021) divergence (this is not a definitive list) :

(1) international waste shipment – divergent waste transshipment law – EU bans plastics to non-OECD, Britain has enhanced pre-notification

(2) lead shot in fishing/hunting – EU Reach ban in/around wetlands from Feb 2023 (no announcement in Britain)

(3) carcinogen OELs – EU has further 2021 OELs (EH40 unchanged thus far)

(4) medicines licensing – Britain has ILAP launched 1st Jan – further information is here

(5) safety data sheets – EU has new Reach Annex II, one year grace (UK Reach unchanged so far)

There are other minor divergences

Additionally, and off topic, GB will not implement the latest proposed update to the EU motor insurance directive.

EU REACH lead shot ban (EU)

25 Jan 2021 amendment to EU REACH – here – bans lead shot in or around wetlands. The amendment is made to EU REACH Annex XVII (the marketing and use restrictions).

From 15 February 2023, a list of activities involving use of lead shot in or within 100 metres of wetlands is banned.

“wetlands” means areas of marsh, fen, peatland or water, whether natural or
artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 metres.

Reaction to this ban is here.

In addition, ECHA (the European Chemicals Agency) has published its proposals for further restrictions on the use of lead in ammunition for hunting, outdoor sports shooting and fishing.

The ECHA proposals are described and found here.

UK relations with EU (UK)

The UK government has brought back Lord (David) Frost, its EU-UK Trade and Cooperation Agreement (TCA) negotiator, to lead UK relations with the EU as a Cabinet Minister (scrutinised by Lords select committee). He will be the UK lead (co-chair with the EU) of the two key committees (replacing Michael Gove CDL) –

(1) The Joint Committee of the 2020 EU-UK Withdrawal Agreement (WA) – a key workload is the IRL/NI Protocol functioning

(2) The Partnership Council set up under the 2020 TCA

These two images depict the TCA work ongoing. The various committees and sub-committees of the Partnership Council are not yet announced.