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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). Your employee, customer or visitor passes the check if they answer ‘no’ to all questions. If they answer ‘yes’ to one 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?
- Have you had the coronavirus and has this been verified in a lab in the past 7 days?
- Have you been in contact with a member of your household or family who has the coronavirus and still shows symptoms?
- 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 with a yellow or orange travel advice in the past 10 days?
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 a physiotherapist or another type of health professional you are allowed to register the answers to the healthcheck. This should only be done 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 not only perform a health check, you also have to 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, nobody is allowed to view it, apart from the municipal health service (GGD).
You are not allowed to test your employees for corona yourself. Only a qualified (company) doctor is allowed to 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 high temperature. On the other side, there are other reasons why someone’s temperature can be higher. 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.