Designated cold store practitioners included in the compulsory testing notice

All practitioners (including full-time, part-time, casual and relief staff) of a cold store¹ are required to undergo compulsory testing if they have to enter the warehouse in which articles of food are stored under refrigeration inside the cold store, or have to come into contact with or be involved in loading/unloading of articles of food which require refrigeration (designated cold store practitioners), during their work or providing service.  In other words, compulsory testing is required for staff (including full-time, part-time casual and relief staff) employed by a cold store and/or through a hire-of-service contract with a cold store while they are providing service and/or providing service, if they meet the above criteria.

[1] Under section 31(2) of the Food Business Regulation (Cap 132X), “cold store” (凍房) means any warehouse in which articles of food are stored under refrigeration.

A driver is required to undergo test if he/she is employed by the operator of a cold store and on duty at the cold store; or through a hire-of-service contract with the operator of a cold store, provides services and/or is on duty at the cold store, in the course of his/her work or service would enter the warehouse in which articles of food are stored under refrigeration inside the cold store; or come into contact with or be involved in loading / unloading of articles of food which require refrigeration.  If the driver is not employed by the cold store, but is only involved in logistics², he/she does not fall  within designated cold store practitioners  referred to in the Compulsory Testing Notice.

[2] Logistics industry involved up, middle and down streams, and hence they should be considered and handled separately.

Are minor works workers and hire-of-service repair workers included in the Compulsory testing Notice?

If in the course of his/his repair work or service, the repair worker employed by or through a hire-of-service contract with the operator of a cold store would enter the warehouse in which articles of food are stored under refrigeration inside the cold store, he needs to comply with the Compulsory Testing Notice.

Requirement on compulsory testing

Those who have completed a COVID-19 vaccination course³ are required to undergo a polymerase chain reaction-based nucleic acid test (only combined nasal and throat swabs or throat swab samples collected by professionals are accepted) every seven days⁴ while those who have not yet completed a vaccination course (including those who have received the first dose of a COVID-19 vaccine, or who have received the second dose but not yet passed 14 days, or staff who are unfit to receive vaccination at the moment because of health reasons) are required to undergo a test every day⁵.

[3] For both the Sinovac COVID-19 vaccine (CoronaVac vaccine) and Fosun Pharma/BioNTech COVID-19 vaccine (Comirnaty vaccine), completion of the vaccination course in general means having received two doses of COVID-19 vaccine at least 14 days ago, except for persons previously infected with COVID-19, who are to receive one dose of vaccine at least 14 days ago. For persons aged 17 or below and employed in compliance with the Employment Ordinance (Chapter 57) who have received one dose of Comirnaty vaccine at least 14 days ago, they would be deemed to have completed a COVID-19 vaccination course. For persons who received COVID-19 vaccines in places outside of Hong Kong and have received the recommended dose(s) as stipulated in relevant guidelines at least 14 days ago, they will also be regarded to have completed the vaccination course of the relevant COVID-19 vaccine, subject to the vaccine used being included on the list of vaccines recognised for specified purposes as published on https://www.coronavirus.gov.hk/pdf/list_of_recognised_covid19_vaccines.pdf. 

The 14th day before a person has completed a COVID-19 vaccination course is counted by taking the next day after the person received COVID-19 vaccine as the 1st day. For example, for a person who has not been infected with COVID-19 previously and who received the second dose of CoronaVac vaccine or Comirnaty vaccine on 1 November 2021, the “1st day” would be 2 November 2021 and the “14th day” would be 15 November 2021 on and after which the person would be considered to have completed a COVID-19 vaccination course.

[4] The seven-day testing periods are counted starting from 26 February 2022, i.e. 26 February to 4 March 2022, 5 March to 11 March 2022, 12 March to 18 March 2022, and so on.  If a cold store practitioner has not been on duty or provided service at the cold store premises on all of the seven days within any seven-day testing period, then he/she needs not undergo a specified test within that seven-day testing period.  In other words, if a cold store practitioner has been on duty or provided service at the cold store premises on any day within any seven-day testing period, then he/she must undergo a specified test on any day within that seven-day testing period.

[5] If a cold store practitioner has not been on duty or provided service at the premises of cold store at any time during a day, then he/she needs not undergo a specified test on that day.

Free COVID-19 testing service at community testing centres/ community testing stations, ad hoc mobile specimen collection stations and mobile specimen collection trucks is only provided for eligible individuals.    An eligible person who has received COVID-19 vaccines must produce a valid letter issued by his/her employer and a vaccination record.  For an individual who is unfit to receive COVID-19 vaccination because of health reasons, he/she is required to present a valid letter from his/her employer and a relevant valid medical certificate.  In other words, persons who are unvaccinated not on grounds of health reasons will need to pay for the testing service.  Persons subject to compulsory testing may undergo a self-arranged test provided by a private laboratory (only combined nasal and throat swabs or throat swab samples collected by professionals are accepted) which is among the list of recognised laboratories for the Specified Test published at the coronavirus disease 2019 thematic website and can issue SMS notification or equivalent record containing the confirmation on registration for undergoing the test and SMS notification in respect of the test result⁶.

[6] See the list at https://www.coronavirus.gov.hk/pdf/List_of_recognised_laboratories_RTPCR.pdf

What samples will be recognised by the Government for compulsory testing?  Can deep throat saliva samples or over-the-counter rapid COVID-19 testing be accepted?

With a view to enhancing the effectiveness of COVID-19 testing arrangements, only combined nasal and throats or throat swab swab samples collected by professionals are accepted as the compulsory testing method for designated cold store practitioners except under certain circumstances.

If a person subject to compulsory testing is issued a medical certificate by a registered medical practitioner proving that he/she is unfit to undergo the test using a sample taken through combined nasal and throat swabs or throat swab because of health reasons, then he/she may undergo the test using a deep throat saliva sample in compliance with the relevant requirements and procedure.

Way of counting the period of compulsory testing

For a designated cold store practitioner who has completed a COVID-19 vaccination course and is not on duty and/or providing service at the premises of a cold store on any day within a seven-day testing period, he/she needs not undergo a specified test within that seven-day testing period.  In other words, if that person is on duty and/or providing service at the premises of a cold store on any day within a seven-day period, he/she is required to undergo a Specified Test on any day within that seven-day testing period.

Separately, as for a designated cold store practitioner who has not completed a COVID-19 vaccination course, he/she is required to undergo the Specified Test once every day.  For one who is not on duty and/or providing service at the premises of a cold store at any time during a day, he/she needs not undergo a Specified Test on that day.

Further to the above question, please give some examples with a designated cold store practitioner who has completed a vaccination course.

Example 1:  If a designated cold store practitioner who has completed a vaccination course works on 26 February to 4 March, undergoes a test on 26 February and then takes sick leave on 5 to 7 March 2022, he is required undergo a test when he resumes work on 8 March (i.e. within the 7-day testing period of 5-11 March).

Example 2:  If a designated cold store practitioner who has completed a vaccination course undergoes a test when he is on duty on 1 April, and then takes days off on 2-8 April before resuming work on 9 April, he is required to undergo a test within the 7-day testing period of 9-15 April and needs not undergo a test within the 7-day testing period of 2-8 April.

Example 3:  A designated cold store practitioner is a relief/causal worker who has completed a vaccination course and works irregularly.  If he works on 2, 6, 19 and 25 April, he is required to undergo a test within the cycles of 2-8 April, 16-22 April and 23-29 April respectively.

In other words, for any day where one works/provides service on the premises of a cold store, one must undergo a test on any day within that cycle.

What are the legal consequences for designated cold store practitioners who fail to comply with the compulsory testing notice?