Insights: Omicron in the workplace

The workplace landscape and employer’s obligations as they relate to COVID-19, and specifically Omicron, are changing rapidly and are often confusing. Human Resources magazine managing editor, Kathy Catton, seeks to clarify current employer obligations and find answers to many practical questions.

This article was correct at the time of writing. We appreciate the employment landscape is rapidly changing, and we encourage readers to always seek the latest advice from official government websites.

It has been many months now, in fact, years, that HR professionals have had to deal with the coronavirus global pandemic. From health measures to mandates and working from home policies, HR has been at the forefront of these changes. Here, we take a closer look at what we can do with the onset of Omicron and provide simple answers to Members’ questions.

Do staff have to wear masks?

According to the Ministry of Health, critical workers should wear certified well-fitting medical masks at all phases of the Omicron response. While businesses are not required to ensure people wear face coverings, they may take steps to encourage it. If people refuse to wear a face covering, organisations are not required to take any further action to make them.

From 3 February, it became mandatory for all workers who are mandated to be vaccinated to wear a medical-grade mask when working in public-facing roles. Under the red traffic-light system, it is mandatory to wear a mask on domestic flights, public transport in taxis, inside retail businesses and public venues and health care services.

Face masks can be temporarily removed to determine someone’s identity, to take medication or to eat or drink and to talk with someone who needs to see others’ mouths to communicate due to being deaf or hard of hearing. In such situations, businesses should still meet physical distancing requirements.

It’s also vital to consider those for whom wearing a face mask is unsuitable. These people can get an exemption card but are not required to carry it or show it.

Where can we source certified medical masks?

Medical supply stores such as St John New Zealand, USL Consumer and Amtech have a variety of surgical-grade respiratory masks, although be aware that some may have supply issues. Pharmacies also stock these masks, but they tend to sell out quickly because they’re only available in-store. Office suppliers or home improvement stores may also sell P2 masks.

How will I know if an employee tests positive?

Your employee should tell you directly. Alternatively, a public health official will contact you if the infected person says they have been at work during their infectious period. However, if an employee does not tell public health about being at work during their infectious period, or if they were not infectious while at work, public health will not contact the business.

What happens when an employee gets Omicron?

If an employee becomes a confirmed (or probable) COVID-19 case and has been at your workplace while infectious, standard processes will be followed. The Ministry of Health website outlines the following steps.

• Isolate spaces this person may have spent significant time in and conduct thorough cleaning

• Help public health officials with the contact tracing process. If you have a health and safety manager within the company, they may be best placed to be the liaison person.

• Follow all public health advice regarding communication with your employees and customers.

• Remember to protect the privacy of your employee. Their name must not be shared.

What’s considered an infectious period?

The infectious period of a person who has COVID-19 is calculated as two days before symptoms started, or two days before their positive tests (if no symptoms) until 10 days after this date.

When can the COVID-19 positive employee return to work?

It depends on what phase of the Omicron response New Zealand is at. At Phase One, your employee cannot return to work until at least

14 days (including 72 hours symptom-free) after their symptoms started or the date they were tested. They need to be ‘released’ by public health officials before they can resume work and normal life. At Phase Two and Phase Three, they will need to isolate for 10 days (self-release after day 10, if asymptomatic for 72 hours).

What can I tell other employees?

You will need to tell workers and contractors of the general situation. In some instances, it is unavoidable that the person with COVID-19 will be identifiable through the contact tracing process, but this is a tricky issue and it could be a breach of privacy to disclose this information. An exception under the Privacy Act 2020 allows disclosure where it is to prevent or lessen a serious risk to public health, but like all things legal, it will depend on circumstances. In this situation, it is worth reminding staff that the privacy and confidentiality of the person who tested positive must be maintained.

What if lots of staff get sick?

Businesses do not necessarily have to close if a worker has tested positive to COVID-19. The decision to close will depend on how much ongoing spread of the infection is happening in the workplace and whether the business can still operate safely and effectively if staff are required to isolate as cases or close contacts.

What support is available while employees are off sick?

Work and Income is still providing help to pay employees’ wages or salary if they can’t work because of COVID-19. See Jack Rainbow’s article, on page 22, for more information about what help is available.

What if close household contacts are employees?

Support the close household contacts to get tested straight away. As soon as they are identified as being close household contacts, they should go home and remain at home for as long as they are advised or required to by a doctor or public health official. An employer could only send an employee away where they have either been advised to self-isolate, or if the employer has strong reasons to make them go based on health and safety grounds. Casual and close contacts are not required to stay at home and should monitor for symptoms of COVID-19. If they develop symptoms, they should immediately isolate and get tested.

What happens with working from home during Omicron?

According to the Ministry of Health, if people are isolating due to having COVID-19 or they are a close household contact, they should not leave the house for any reason other than urgent medical care. They should NOT go to work, although we can assume they may work from home if they feel well enough. If they are unable to work from home during this time, the employer can apply for leave support to help the individual(s).

What are other businesses doing?

Some office-based businesses are implementing an office rotation system, whereby half of the team works from home one week, while the other half works in the office.

The arrangement alternates on a weekly basis. This is hoped to keep businesses resilient as the Omicron variant circulates heavily in the community. HRNZ is also aware of office-based companies that are requiring all staff to work exclusively from home.

Many businesses are drawing up a continuity and contingency plan. They can be useful not just for managing COVID-19 but for other interruptions, like natural disasters or utility disruptions. Thinking about ways you can operate with fewer staff may be useful. Consider other businesses you deal with and how they might be affected by COVID-19 cases. Have a plan for communicating and access what resources you can find (see insert box).

How do we work with staff who have COVID-19?

It’s important to keep checking in via phone and email with staff who have tested positive with COVID-19. It can be stressful, and people’s mental and physical health may be affected. The Mental Health Foundation has a range of resources. Some help you spot the signs of stress, and others help you identify what you need to help you and your teams stay well.

What does a ‘test-to-return’ look like in reality?

At Phase Two and Phase Three of an Omicron outbreak, a Critical Services Register will provide for return-to-work Rapid Antigen Testing for asymptomatic close contacts who help to maintain critical infrastructure and supply chains. The bar for critical workers to be registered is high, and critical workers are not the same as ‘essential workers’ under the Alert Level system. A tool is available to identify if your workers are critical (see insert box).

Essentially, critical workers who are close contacts will be able to return to work early, provided they return a negative Rapid Antigen Test every day that they are at work throughout their required isolation period, or as otherwise appropriate to their work setting. They will only be allowed to go to work and not anywhere else.

An online portal is on the business. govt.nz website for employers to register employees who they consider to be critical workers within their organisation.

New Zealand is generally well prepared for an Omicron outbreak, with high vaccination levels, and boosters and childhood vaccinations now available. But businesses now need to have a clear plan for ways to continue to operate if workers get sick or have to self-isolate.

Additional information and helpful resources

Healthline: 0800 358 5453. This phone number is available 24 hours a day, 7 days a week and has interpreters available.

Guidance for businesses: if an employee tests positive for COVID-19: www.health.govt. nz/system/files/documents/ pages/step-by-step-guidefor-managing-covid-19-inyour-business-workplace- 27jan2022.pdf

Guide for businesses: testing and returning to work during Omicron response: www.business. govt.nz/assets/Uploads/ Documents/testing-andreturning-to-work-duringomicron-response-guide-forbusinesses.pdf

Use of face masks with COVID-19: www.health.govt.nz/ our-work/diseases-and- conditions/covid-19- novel-coronavirus/covid- 19-health-advice-public/ covid-19-use-face-maskscommunity

COVID-19 Leave Support Scheme: www.workandincome.govt. nz/covid-19/leave-supportscheme/index.html

Critical worker assessment tool: www.business.govt.nz/ covid-19/rapid-antigentesting/#critical-workerassessment-tool

Working with business continuity: www.thebci.org/knowledge/ introduction-to-businesscontinuity.html

Minimising and managing workplace stress: www.mentalhealth. org.nz/home/our-work/ items/18/