Types of Tests and Consent to Testing. When testing employees, Producers shall use diagnostic tests that test for the virus that causes COVID-19, which does not mean and shall not include antibody tests. Employers may only use antigen tests where expressly authorized to be used by this Agreement and only those tests that are mutually agreed upon by the parties.12 When an Employer utilizes antigen testing pursuant to this Agreement, the Employer shall immediately re-test any Employee who tests positive with a lab-based PCR test to confirm the results of the antigen test. In the event the lab-based PCR test returns a negative result, the lab-based PCR test shall be controlling. Alternatively, the Employer shall immediately re-test the employee using another antigen test. If the second antigen test returns a positive result, the employee shall be considered to have tested positive for COVID-19. If the second antigen tests returns a negative result, the employee shall be re-tested using a lab- based PCR test. The results of the lab-based PCR test shall be controlling. Testing may be done on- or off-site. Test results shall be provided to the employee. Prior to being tested, employees may be required to sign consent forms for the test and disclosure of test results. The Producer must comply with all applicable laws in regard to the issuance of consent forms and the disclosure of test results. Consent forms shall not include waivers of the Producer’s liability. The Unions agree to make best efforts to assist the Producer in obtaining such consent forms from the employees they represent, if necessary.
Types of Tests and Consent to Testing. When testing employees, Producers shall use diagnostic tests that test for the virus that causes COVID-19, which does not mean and shall not include antigen or antibody tests. Currently, the parties have agreed not to use antigen or antibody tests; however, they agree to continue to evaluate antigen and antibody tests, including information on the accuracy of available tests in the market and/or other scientific/medical information, to determine whether antigen or antibody tests may be appropriate for use in the future subject to the agreement of the parties. Testing may be done on- or off-site. Test results shall be provided to the employee. Prior to being tested, employees may be required to sign consent forms for the test and disclosure of test results. The Producer must comply with all applicable laws in regard to the issuance of consent forms and the disclosure of test results. Consent forms shall not include waivers of the Producer’s liability. The Unions agree to make best efforts to assist the Producer in obtaining such consent forms from the employees they represent, if necessary.
