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Do you perform corona health checks? You should do so if you run a business in the hospitality sector or if you have a contact-based profession (such as hairdresser, physiotherapist, driving instructor). There are rules to follow around health checks.
How to perform a health check
When you conduct a health check, you should ask these questions (pdf). If a visitor, employee or customer answers ‘yes’ to 1 of the questions, they should stay at home:
- Have you had any of these symptoms in the past 24 hours: coughing, cold symptoms (sore throat, runny nose), high temperature (up to 38 degrees) or fever (38 degrees or higher), shortness of breath, loss of smell and/or taste?
- Does anyone in your household have fever and/or shortness of breath?
- Do you have or have you had the coronavirus and has this been verified in a lab in the past 7 days?
- Are you in quarantine because a member of your household or a close contact has the coronavirus (confirmed)?
- Are you in quarantine because you have been in direct contact with someone who has the coronavirus?
- Are you in quarantine because you have returned from a country or region that has been named a COVID-19 risk area in the past 10 days?
- Are you in quarantine because you received a notification from the Coronamelder app?
Your employee, customer or visitor should get themselves tested and self-isolate as soon as possible if they experience any symptoms.
Health check registration
Corona-related symptoms are classified as medical personal data. This means you cannot process them without consent, as is stated in the General Data Protection Regulation (AVG). You cannot register any answers to the health check questions. You are also not allowed to ask these questions as part of an online reservation (this also counts as registering anwers). Do you have a contact-based profession? If you are health professional such as a physiotherapist, you are allowed to register the answers to the healthcheck. You should only do so if it is beneficial for the treatment of your patient.
Registering contact details
Do you run a business in the hospitality sector or do you have a contact-based profession? You should register your customers’ contact details. You need their consent for this. Your customers may refuse to provide contact details. You can only keep this information for contact tracing purposes. You cannot keep data for more than 2 weeks (hospitality) or 10 days (contact-based professions). Data should be kept safe, only the municipal health service (GGD) is allowed to view these.
You are not allowed to test your employees for corona yourself. Only a qualified (company) doctor may do so. The company doctor will share any information only with the employee concerned. If they suspect an employee has been infected with the coronavirus, they will contact the municipal health service. If an employee has corona, they are not obliged to tell you. At the same time, they have to take their responsibility. They should consider the health risks for colleagues, customers or patients. If an employee shows up for work while displaying symptoms, you can send them home. You can talk to them about the possibility to get tested or send them to the company doctor.
It is not possible to find out if someone has corona by just checking their temperature. Only some people who have corona also have a higher than normal temperature. And there are other reasons why someone’s temperature may be up. The National Institute for Public Health and the Environment (RIVM) advises against temperature checks to find out if someone has corona. You are not allowed to take someone’s temperature without their explicit consent. You can obtain consent by letting them sign a form. People can refuse to have their temperature taken. This does not apply to employees: you are never allowed to take your employees’ temperature.
You are not allowed to register any temperature information. The GDPR states that you cannot process any personal health data. This is only allowed if you are a physiotherapist or another type of health professional and you need this data to improve treatment.
Asking for proof of vaccination
If you are vaccinated against COVID-19, you will get confirmation of the vaccination for personal reference. Currently there is no vaccination certificate in the Netherlands. Thus, you cannot ask staff or customers for such a certificate or deny them access if they do not have such a certificate.
Besides that, you are not allowed to ask an employee if they are vaccinated. An employer may not ask for medical information of his staff. This follows from privacy legislation. Even if you do know an employee is vaccinated, you are not allowed to demand they come into the office. You are also not allowed to deny them access to the workplace if they are not vaccinated.
Corona entry pass
If you are an organiser of events or (professional) sports matches, or if you run a cultural business, you may use an entry pass system.