Good morning, as we enter February and Omicron continues to make its presence felt, there is much to catch you up on. My apologies that this is likely to be fairly long but there is a lot to cover off.
There have been changes in a number of areas as well as new information which I will cover under the following headings:
Case Management
Contact Definitions
3 Phase Plan
Mask Wearing
Infectious Period
Critical Services
RAT Tests
Covering Wages During Absences
It is also important to understand that each positive case will be treated individually so there is no way to guarantee whether you will have to close or be able to stay open, but at least if you are aware of the parameters you can do your best to work within them and minimise the risk to the business.
There will continue to be changes as things evolve, but for now these are where they sit. Please come back to us with any questions and we will do our best to answer them.
Case Management/Contact Definitions
There are now just three forms of contact: Close Contact, Casual Contact and Household Contact. Vaccination status no longer has any bearing on how contacts are managed/isolation requirements - but mask wearing status of a positive Case will.
Isolation/quarantine for at least 14 days including 3 days symptom free.
Close Contact
People who may live or work with or have been in the same place at the same time as someone infectious with Covid-19.
Isolate/quarantine for 10 days from last exposure.
Test immediately and on day 5 and day 8 after last exposure
If Covid-19 symptoms develop, get an additional test immediately.
Casual Contact
People who have been in the same place at the same time as someone infectious with Covid-19 but may not have been near the person.
Self monitor for symptoms for 10 days
If Covid-19 symptoms develop, get tested and stay at home until a negative test result is received.
Household Members
Household members of a Case:
Household members of a Close Contact (Secondary Contact)
Isolate and remain in isolation for at least 10 days longer than the Case
Advised to stay home until the Close Contact returns a negative day 5 test.
Masks
New rules come into effect on Thursday (4 February) for mask wearing. They are not yet fully finalised, but what is confirmed is below.
Special Note: Whether a positive Case was wearing a mask (and wearing it properly) could make the difference between being tagged as a Close Contact or a Casual Contact so this is worth understanding. While mask wearing may not be mandated in your business, they may become a mitigating factor that helps keep your business open.
A face covering will need to be an actual mask and attached to the head by loops around the ears or head. This means scarves, bandannas, or t-shirts cannot be used.
Workers who are mandated to be vaccinated will need to wear a medical grade mask when working in public facing roles.
Everyone will need to wear a mask at food and drink businesses, close-proximity businesses, and events and gatherings (except where you have exclusive use of the venue).
You can take your mask off to eat, drink or exercise.
It is mandatory to wear a face mask:
on all public transport and at arrival and departure points
in taxis or ride share vehicles
inside all retail businesses
inside public venues or facilities, such as museums and libraries (but not at swimming pools)
at a vet clinic
in an indoor setting at schools, for example a classroom and assemblies. This includes visitors, students in Years 4 to 13 and staff
inside at tertiary education facilities or when a visitor to a licensed early childhood service
in the public areas within courts, tribunals, local and central government agencies, social service providers, and NZ Police
in the public area of premises operated by NZ Post Limited
when visiting a health care service, for example a healthcare or aged care facility.
Face Mask Exemptions - I have had a few questions about these. It seems it is very straightforward for someone to receive an exemption from wearing a facemask. They receive a generic exemption card which doesn't identify them at all, and they are neither required to carry that pass with them nor show it to prove they have an exemption. This will potentially create some issues so you should have a plan about how this will be handled both for employees and customers.
Infectious Period
To help you calculate whether you/your staff have been exposed, it is useful to understand when a person is considered infectious.
The infectious period is likely to be from 48 hours before the onset of symptoms, then for 10 days after the onset of symptoms, and for 72 hours after symptoms have stopped. Some people with severe illness may be infectious for longer.
However, some people who have the virus may not have any symptoms (asymptomatic cases) and could still be infectious. Others may test positive for COVID-19 after they have recovered and no longer have symptoms, but they are unlikely to be infectious beyond 72 hours after their symptoms have ended.
Special Note: Once a person has been diagnosed as a positive Case, they will not receive any further testing. You will be unable to secure a negative test to return to work as it is likely they will still be carrying antibodies that would result in positive tests for some time (see below under Infectious Period), so we are reliant purely on the time formula.
Phase 1 (some cases in the community) - existing rules and procedures for contact tracing and isolation will continue to apply, which includes self isolation for Cases increasing from 10 days to 14 days, and for Close Contacts increasing from 7 days to 10 days. Cases will be contacted by the Ministry of Health.
Phase 2 - (cases have spread, 1000+ per day); isolation will revert back to 10 days for Cases and 7 days for Close Contacts. Cases will be notified by text and directed to an online self-investigation tool which will focus on their high risk exposures. Asymptomatic critical workers identified as Close Contacts will be able to RAT test to return to work early.
Phase 3 (cases in the thousands, predicted to be 8-10 weeks away); isolation 10 days for Cases and 7 days for Close Contacts however only the highest risk contacts are required to isolate (likely to be Household or household-like contacts). RAT test to return to work for contacts who are critical workers.
Critical Workers
You will have heard the discussions about the establishment of a Critical Workers Register which will allow businesses on the register to access Rapid Antigen Testing at no charge and allow asymptomatic Close Contacts to return to work early with a negative RAT test. I have made application to MBIE and written to the appropriate Ministers to apply for the printing/packaging industries to be listed on the Register based on our supply chain links to every critical business in NZ in particular FMCG, pharmaceuticals, medical, freight, education etc. I will let you know how this progresses and whether you will need to apply individually to be included.
Note that the threshold for inclusion on the Critical Workforce Register is even higher than the "essential services" rating that was applied during Level 4 lockdowns.
Remember though, we are not in lockdown, this applies only if you have key staff isolating as Close Contacts - being on the register would allow them to RAT rest and return early. The best way to manage the situation is to minimise the risk of staff being named as Close Contacts which circles back around to the work practices in your business and the detailed schedule of what makes a Close Contact.
Payment of Wages During Absence
There has been no specific direction issued on this and over time it will change via guidance and test cases. This is definitely a "watch this space" item. Our best advice at this point is as follows:
If a person tests positive for Covid they are sick and can use sick leave. You can apply for the Leave Support Payment to supplement the use of their sick leave.
If a person is required to isolate because they have been identified as a Close Contact or Household member of a positive Case they are not available to work. Arguably this removes your obligation to pay them. They are not sick, so can't use sick leave.
You could apply for the Leave Support Payment and pass this on to them and they could elect to top this up with annual leave. Alternatively the company could choose to top up their wages to either 80% or 100%.
By applying for the Leave Support Payment you are signing a declaration that you commit to pay at least 80% of their ordinary wages, but it also talks about maintaining your obligations as an employer which refers back to the question of whether you have an obligation to pay them when they are not avaialble to work. It is arguable that by passing on the Leave Support Payment the business is doing more than required.
The flip side of this is that we want all employees to be honest about whether they are sick/required to isolate so that they do not put other staff members at risk. Therefore it would be good for them to understand how they can expect to be remunerated in the event they cannot come to work.
As always, consult with your staff as much as possible.
Rapid Antigen Tests
Businesses that are listed on the Critical Workforce Register will be provided RAT tests free of charge from the Government. There are now 11 RAT tests approved for use in NZ with 12.9 million due in February and a further 36 million in the following two months. These will become available for businesses to purchase in the coming months and we will provide links to these for you.
Red Traffic Light Click here to download a detailed summary of the rules at Red Click here to download a summarised version of the traffic light systems
Red is not lockdown - all businesses can continue to trade as they have been but should take more precautions with physical distancing and hygiene to ensure they are operating safely within public health requirements. In addition if staff can work from home they are encouraged to do so.
Locations of Interest
There are substantial numbers of locations of interest being added each day. Click here to link to the latest list. Make sure your staff have access to this list also.
If you have any questions please don't hesitate to reach out to the PrintNZ team.
