Common use of COVID-19 Testing Clause in Contracts

COVID-19 Testing. “The parties agree to the following in the event that a Producer decides to implement COVID-19 testing: a. The Producer is responsible for health and safety in the workplace. Should the Producer choose to conduct COVID-19 testing in the workplace, it will do so in accordance with the applicable laws of British Columbia and in consideration of Items A.-G. above. b. Whether or not COVID-19 testing is reasonable depends on all of the circumstances, including the community infection rate, the Performer’s position and whether other less intrusive measures are sufficient to achieve workplace safety. c. COVID-19 testing must be conducted in compliance with applicable human rights and privacy legislation, including the BC Human Rights Code and PIPA. d. All test results must be collected, used, disclosed and protected within the requirements of PIPA. Producers are responsible for securing individual Performer consent to the collection, use and disclosure of their personal information. All test results must be retained and destroyed in accordance with the retention of personal information requirements set out in PIPA. e. Testing does not reduce the safety precautions a Producer should take with regard to all other forms of mitigating risk of virus transmission. f. A Producer may require COVID-19 tests and temperature checks only for engaged Performers or Performers requested to enter a worksite in order to interview, audition and/or participate in a screen test. g. After a Performer commences employment, a Producer may require the Performer to undergo testing (including regular periodic testing) as a condition of ongoing employment. h. A Producer may require a Performer to undergo one or more temperature check(s) prior to the start of and/or during the workday. “In addition, the Producer may also require a Performer to complete a COVID-19 health assessment survey prior to the start of work each day. Performers shall be paid one-tenth (1/10) of an hour for time spent completing a COVID-19 health assessment survey prior to the start of work, which shall not affect the Performer’s start time, meal times, rest periods or overtime. If the Producer instructs the Performer not to work based on the results of the COVID-19 health assessment survey, the Performer shall receive temporary COVID-19 paid sick leave for that day pursuant to this Sideletter, which shall be inclusive of the one-tenth (1/10) of an hour payment for completing the COVID-19 health assessment survey.

COVID-19 Testing. “The parties agree to the following in the event that a Producer an Employer decides to implement COVID-19 testing: a. The Producer Employer is responsible for health and safety in the workplace. Should the Producer Employer choose to conduct COVID-19 testing in the workplace, it will do so in accordance with the applicable laws of British Columbia and in consideration of Items A.-G. the bullet points listed above. b. Whether or not COVID-19 testing is reasonable depends on all of the circumstances, including the community infection rate, the Performeremployee’s position and whether other less intrusive measures are sufficient to achieve workplace safety. c. COVID-19 testing must be conducted in compliance with applicable human rights and privacy legislation, including the BC Human Rights Code and PIPA. d. All test results must be collected, used, disclosed and protected within the requirements of PIPA. Producers Employers are responsible for securing individual Performer employee consent to the collection, use and disclosure of their personal information. All test results must be retained and destroyed in accordance with the retention of personal information requirements set out in PIPA. e. Testing does not reduce the safety precautions a Producer an Employer should take with regard to all other forms of mitigating risk of virus transmission. f. A Producer may require Any COVID-19 tests and temperature checks only testing will be done using the least invasive collection method approved by an accredited laboratory for engaged Performers or Performers requested to enter a worksite in order to interview, audition and/or participate in a screen testthe test being utilized by the Employer. g. An Employer may require an employee to undergo testing prior to entering the workplace. h. After a Performer an employee commences employment, a Producer an Employer may require the Performer employee to undergo testing (including regular periodic testing) as a condition of ongoing employment. h. A Producer i. An Employer may require a Performer an employee to undergo one or more temperature check(s) prior to the start of and/or during the workday. “In addition, the Producer Employer may also require a Performer an employee to complete a COVID-19 health assessment survey prior to the start of work each day. Performers Employees other than Directors shall be paid one-tenth (1/10) of an hour for time spent completing a COVID-19 health assessment survey prior to the start of work, which shall not affect the Performer’s their start time, meal times, rest periods or overtime. If the Producer Employer instructs the Performer such employee not to work based on the results of the COVID-19 health assessment survey, the Performer employee shall receive temporary COVID-19 paid sick leave for that day pursuant to this Sideletter, which shall be inclusive of the one-tenth (1/10) of an hour payment for completing the COVID-19 health assessment survey.