Lateral Flow Testing in the Workplace

There are a number of factors for employers to take into account when considering lateral flow testing, such as consent, data processing, cost, risk management and reliability of that form of testing.  

Lateral flow testing (LFDs) is one of the testing methods currently used to detect COVID-19 from a nose and throat swab sample. LFDs are used in people who don’t show symptoms, but may still be infectious. Any positive LFD needs to be confirmed by a PCR test, which are the main type used on the NHS website and is the most accurate means of testing. PCR test are primarily used in people who already display symptoms of COVID-19. LFDs can help detect large numbers of positive cases more quickly than PCR tests and, when used in conjunction with other infection control methods, can help control virus spread.

Employers who do decide to use LFD testing should have a testing policy and will to obtain employee consent before undertaking tests, and the results and processing of the testing will need to be in accordance with the Data Protection Act 2018 and the GDPR. Communication with NHS Test and Trace will also be essential in the event of a positive result among those tested.  Other important factors to consider include:

Cost:

LFD tests are relatively low cost tests individually, but the size of the workforce and the regularity of testing need to be taken into account. Employers will need to need to do a cost and benefit analysis as general LFD testing is only really useful if there is regular testing of all staff. The Scientific Advisor Group on Emergencies (SAGE) advise that testing should be done weekly at least.

Scotland, Wales and Northern Ireland will offer separate advice on testing, but in England lateral flow testing will be offered to staff who:

• Work in sectors which are open during lockdown, such as employees in ‘essential’ shops;
• Cannot work from home;
• Are not showing symptoms; and
• Work for businesses with more than 50 employees.

There is an online portal where workplaces should register for the testing programme. Tests will be provided free to employers who qualify until at least 31 March. Those who can work from home should continue to do so.er for the workplace testing programme. The Business Secretary has said this workplace testing regime is an additional tool supplementing vaccines in reopening the economy which suggests the scheme may continue in some form after lockdown. Tests will be provided free to both public and private sector employers who qualify until at least 31 March, but this free support will then be reviewed and changes may be made after that date. Meanwhile, those who can work from home should continue to do so. Further information on the rapid workplace testing scheme is available from the government website.

Time Off for Testing:

Issues may arise over whether time spent having LFD tests counts as working time. The preliminary indications from HMRC are that if employers are encouraging testing or making testing mandatory, then the time should count as working time. If the testing is completely voluntary, this would not count as working time.

Accuracy:

LFD tests are not as accurate as laboratory based tests. Research has shown that there have been a few incidences of false positive results, and a greater number of false negatives – approximately 23% during the trials were given a false negative, compared to less than 1% who were given a false positive. The lower level of reliability is one of the reasons why lateral flow tests are not used for those who are symptomatic, although the research did conclude that LFDs are sufficient for mass testing, including for asymptomatic people.

The accuracy issue highlights how any positive LFD test must be followed up by the employee self-isolating and arranging a PCR swab test. If the PCR test is negative, the employee will be able to stop self-isolating.

Logistics: 

Administering tests poses a logistical challenge for employers, although there are private testing companies who can run COVID-19 tests, but these must meet the minimum standards and be properly registered.

False Confidence:

Testing alone will not keep the workplace secure, and employers must continue to enforce control measures. Immediate testing of those why symptoms is essential, although regular asymptomatic testing may not necessarily add value for the employer, and may be costly. Furthermore, it could cause issues if testing contributes to an attitude that other COVID-19 prevention measures are not needed. However, as a part of an employer’s overall COVID-19 prevention method, it may have a role to play. Above all, employers should continue to follow the latest government guidance. For further information see government guidance on COVID-19 tests and testing kits and testing guidance for employers.