Guidance For Implementing the Required Testing Order at New Zealand Maritime Ports - Fifth revised version: 20 April 2021 - Port Nelson
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Guidance
For
Implementing
the
Required Testing
Order
at New Zealand
Maritime Ports
Fifth revised version: 20 April 2021Table of Contents
1 Background ..................................................................................................................................... 3
2 Amendments to the Required Testing Order affecting workers in the maritime context ............. 4
An additional group of workers in the broader maritime context are required to be tested ............ 4
Some groups of workers are now required to be tested more frequently ........................................ 5
Clarification of requirements for spacing intervals between regular testing ..................................... 6
3 Additional requirements concerning the obligations of PCBUs/employers to keep records and
track workers’ testing status................................................................................................................... 7
Requirements that must be met by PCBUs ........................................................................................ 7
Requirements that must be met by workers ...................................................................................... 8
The Border Workforce Testing Register.............................................................................................. 8
4 What process will be used to support implementation of required testing? ................................ 9
5 Summary of Roles and Responsibilities ........................................................................................ 10
6 Frequently Asked Questions (FAQs) ............................................................................................. 10
Appendix I: Required Testing Order: History ...................................................................................... 20
Appendix II: Draft template letter for employers to send employees................................................. 22
Appendix III: Testing requirements ...................................................................................................... 24
Appendix IV: Examples of “affected workers” handling “affected items” from “affected ships” ....... 25
2Guidance for implementing the COVID-19 Public Health
Response (Required Testing) Amendment Order 2021 at
New Zealand Maritime Ports
20 April 2021
1 Background
At 11:59 pm on 21 April 2021 changes to the COVID-19 Public Health Response (Required Testing)
Order 2020 (‘the Required Testing Order’), will come into effect. The changes were introduced in
order to further strengthen the border testing regime in response to the new community cases
detected in Auckland in February, and the presence in New Zealand of more transmissible variants of
COVID-19, first identified in the UK, South Africa and Brazil.
This guidance explains the changes to the Required Testing Order. It updates the guidance issued on
27 November 2020, when the Required Testing Order was last amended.
The new changes:
• Extend mandatory testing requirements to new groups of border workers.
• Increase the current 14-day mandatory testing frequency for certain higher-risk border
workers to every seven days.
• Provide for flexibility in the scope of sampling methods that can be used.
• Clarifies testing cycle requirements to reflect that the time between tests must not exceed
the length of the relevant testing cycle.
o These changes apply from 22 April 2021.
• Make it mandatory that employers use the Border Workforce Testing Register kept,
maintained and monitored by the Ministry of Health to keep the required records of testing
for workers subject to mandatory testing.
o This change applies from 27 April 2021.
This guidance focuses on explaining the changes to the Required Testing Order in the context of
workers at maritime ports. (Separate guidance is provided to explain the changes in the context of
workers at the air border, and workers in managed isolation and quarantine facilities.) The guidance
should be read in conjunction with other guidance about mandatory testing requirements for port
workers available on the Ministry of Health website.
The Required Testing Order has been in place since 29 August 2020. Its purpose is to prevent, and
limit the risk of, the outbreak or spread of COVID-19 by ensuring specified border workers at risk of
exposure to COVID-19 are tested on a regular basis. Regular testing remains necessary due to the
incubation period of COVID-19 and risks of re-exposure.
Appendix I sets out an overview of the development of mandatory worker testing requirements
under the Required Testing Order.
The decision now to require regular testing of additional groups of border workers, increased
frequency of testing for some border workers, and mandatory use of the Border Workforce Testing
Register reflects the need for extra caution and vigilance with the emergence of new and more
3transmissible strains of the virus. The changes will help to ensure that the right people are being
tested and at the right frequencies, and will support compliance with the testing requirements. The
additional testing requirements will further strengthen the border, and help keep vulnerable border
workers, their families, and communities, safe.
The requirements for mandatory testing of border workers are in addition to ongoing public health
measures being practised at the border, including physical distancing, appropriate use of personal
protective equipment (PPE), basic hygiene measures such as hand washing and sanitising, other
health screening, and people staying home when sick.
Voluntary testing for surveillance purposes will remain available at no cost to border workers who
are not covered by the mandatory requirements in the Required Testing Order.
2 Amendments to the Required Testing Order affecting workers
in the maritime context
An additional group of workers in the broader maritime context are required
to be tested
The following new group of workers in the broader maritime context are required to be tested, in
addition to the groups of port workers and border officials that are already required to be tested
under the Order:
• Workers who handle affected items from an affected ship, if that handling occurs within 72
hours of the items being removed from the affected ship. These workers are required to be
tested every 14 days, beginning 22 April 2021.
o An” affected ship” is a ship which has persons on board who are required to be
isolated or quarantined in accordance with a COVID-19 Order.
o “Affected items” are items that:
▪ are not cargo or freight; and
▪ have been removed from the affected ship for cleaning, disposal and/or re-
use.
• In the maritime context freight refers to goods transported in bulk
by ship.
• “Re-use” refers to items that are to be re-used on a ship. The re-use
does not have to be on the same ship from which the item was
removed.
o You are an “affected worker” who must meet this new requirement if you:
▪ have handled an affected item within 72 hours of it being removed from the
affected ship, and
▪ have contact with a member of a group of port workers or port border
officials who is already required to be tested under the Required Testing
Order, while both are working.
▪ “Have contact with”, in relation to contact with a member of a group of port
workers or port border officials, means:
4• having face-to-face contact that is within 2 metres of each other for
15 minutes or more; or
• being in a confined space that is within 2 metres of each other for
15 minutes or more.
▪ A table of workers and border officials who are required to be tested in the
ports context is provided under item 4 in the table in Appendix III. A
summary of port workers who are members of a group required to be
tested is included in the FAQ section of this guidance.
▪ If you are a worker who only has contact with another worker who has
become an affected worker by handling an affected item, and have not had
contact with a worker who is a member of a group already required to be
tested, you are not within scope of this new requirement.
o “Affected workers” can include third party contractors servicing ships.
• Addition of this new group acknowledges that the possibility of fomite transmission of
COVID-19 via surfaces has not been ruled out.
“In the maritime context, “affected items” might include items such as:
▪ Machinery or equipment, or parts, removed from an affected ship for repair or service
▪ Firefighting and lifesaving equipment removed from an affected ship for repair or
service
▪ Laundry, removed from an affected ship, (noting laundry would usually be done on
board)
▪ Garbage or garbage containers, including expired medical stores, removed from an
affected ship for disposal.
Note, this is not intended to be an exhaustive list. It is also noted that in most cases repairs,
servicing or cleaning of machinery or equipment would be carried out on board the ship.
[Appendix IV sets out some examples of situations where workers in the maritime context are
“affected workers” handling “affected items” and therefore subject to the new testing
requirements.]
Some groups of workers are now required to be tested more frequently
In view of the new and more transmissible strains of the virus, the frequency of required testing has
been increased for some groups of border workers identified as being at high risk of exposure
because of the nature of their work and interaction with potentially infectious persons.
The following groups of port workers, who were previously on a 14-day testing cycle, are now
required to be tested every seven days, beginning 22 April 2021:
• Workers who transport crew, to or from an affected ship.
o This new requirement will affect those who transport on and off-signing maritime
crew, between airports and ships, or ships and MIFs.
▪ These crew have not been in isolation or quarantine for at least 14 days, or
met other low risk indicators including a negative COVID-19 test.
5▪ These crew are transported by dedicated transport providers under
controlled conditions managed by Managed Isolation and Quarantine (MIQ)
authorities.
o This new requirement will not affect workers who transport crew who have been
authorised to disembark e.g. for shore leave or to return to their home in
New Zealand.
▪ These crew have been in isolation and quarantine for at least 14 days and
have met other low risk indicators including a negative COVID-19 test.
▪ The ship they are disembarking from is no longer “an affected ship”.
▪ In many cases these crew would travel to or from the port entrance (not the
ship) in private vehicles or by public transport e.g. a taxi, uber or bus, or on
foot.
o Workers who transport persons who are not crew to or from an affected ship,
remain on a 14-day testing cycle.
▪ This includes workers transporting testing teams to a ship to test crew, or
workers transporting persons to a ship to undertake a necessary task.
Clarification of requirements for spacing intervals between regular testing
The Required Testing Order has been amended to clarify how the required testing frequency must
be implemented. It now specifies that the time between tests must not exceed the length of the
relevant testing cycle.
By way of example, if the applicable testing period is every 7 days, and a person becomes an
affected person on 10 May, the affected person’s first test must be no later than 17 May. If recurring
testing is required, and the affected person was first tested on 15 May, the second test may not be
later than 22 May. If the second test was on 19 May, the third test may not be later than 26 May.
When it commenced in August 2020, the Required Testing Order required certain worker groups to
be tested ‘once every 7 days’ or ‘once every 14 days’ from a specified date. The intent of the Order
was for affected workers to be tested as close to the end of the applicable testing cycle as possible
to allow for regular spacing of tests and to improve the chances that testing would detect the
presence of COVID-19.
However, it became apparent that requirements concerning spacing of tests were open to
interpretation, and this posed challenges for ensuring the accuracy of test results. The Order
allowed workers to get tested at any point in their cycle, and this introduced a risk that they may be
getting tested before the test can detect infection. It was possible for example that an asymptomatic
individual on a 14-day cycle might be tested on day one of their first cycle and on day 14 of their
second, allowing a gap of 27 days between tests.
The new requirement therefore ensures that testing will be spaced regularly and to a cycle that will
give the best chance of detecting COVID-19. It does not mean, however, that there is no scope for a
little flexibility in spacing of testing, for example for border workers on rosters, or working irregular
hours.
Requirements concerning timing and spacing of regular tests are further explained in the FAQ
section.
63 Additional requirements concerning the obligations of
PCBUs1/employers to keep records and track workers’ testing status
There is a new requirement making it mandatory for PCBUs/employers of border workers subject to
the Required Testing Order to use the Border Workforce Testing Register (BWTR) kept, maintained
and monitored by the Ministry of Health to keep the required records of testing for staff subject to
mandatory testing. Use of the BWTR has previously been voluntary.
Requirements that must be met by PCBUs
Initial requirements concerning the obligations of PCBUs/employers to monitor and keep records of
their workers’ testing status were introduced in the 25 November 2020 amendments to the
Required Testing Order. These are summarised below and can be referred to in detail in the
consolidated Guidance Manual for Border Worker Testing for COVID-19, available on the Ministry of
Health website.
PCBUs that employ or engage workers with testing obligations are required to comply with certain
duties. Specifically, PCBUs/employers must:
• Notify each affected worker employed or engaged by the PCBU/employer of the
requirement to undergo testing and the testing period that applies to the affected person
• Not prevent any affected worker from being tested during their working hours if testing is
available during those hours
• Keep certain written records.
Record keeping
The records that are required to be kept by PCBUs/employers are:
• The worker’s full legal name
• The worker’s date of birth
• The testing period that applies to the worker
• The worker’s contact mobile number and email address (so they can receive test reminders)
• The dates on which the worker has undergone testing and medical examination
• If the worker has been given a medical exemption, the testing period to which the
exemption relates (this does not require the collection of health information about the reason
for the exemption).
From 27 April 2021, records are required to be entered by PCBUs/employers on a Register specified
by, and kept, maintained and monitored by or on behalf of, the Ministry of Health. Records must be
made available as soon as practicable to an enforcement officer if requested.
(See information on the Border Workforce testing Register below.)
1
A PCBU means a Person Conducting a Business or Undertaking (source: WorkSafe). It is a broader term than ‘employer,’
recognising the variety of employment situations and workplace arrangements. Most New Zealand businesses, whether
large corporates, sole traders, or self-employed, are classed as PCBUs. In comparison, an ‘Undertaking’ refers to activities
and services such as Government agencies, local councils, school or early childhood education service or charities.
7Requirements that must be met by workers
All workers with testing requirements are required to provide the PCBU/employer that employs or
engages them with the following information, or access to this information:
• The worker’s full legal name and date of birth
• The worker’s telephone number
• The testing period that applies to the worker
• The dates on which the worker has undergone testing and medical examination
• If the worker has been given a medical exemption, the testing period to which the
exemption applies.
The worker must provide this information, or access to the information, as soon as practicable. The
worker must also update the information as soon as practicable after it changes. This means that
the worker must ensure that their PCBU/employer is informed as soon as practicable once they have
been tested.
They must also inform their PCBU/employer if they have received a medical exemption for a given
testing period.
The Border Workforce Testing Register
From 27 April 2021 it will be mandatory for PCBUs to enrol on and use the BWTR to keep the
required records of testing for staff subject to mandatory testing under the Required Testing Order.
The Ministry of Health developed the Border Workforce Testing Register (BWTR) to support PCBUs
and workers to meet their respective obligations under the Required Testing Order in regard to
record keeping and information sharing.
The BWTR is an automated secure online tool that tracks and records a border worker’s COVID-19
testing dates and activity. It keeps PCBUs/employers and workers informed about:
• when the worker needs to be tested
• and if the worker has completed a test.
The BWTR does not record the results of a test, but it does record the date of the test and the date a
result was returned.
To use the BWTR, PCBUs/employers need to provide the information specified above into the
Register on behalf of border workers. Workers need to supply the relevant specified information to
their employers to enable them to do this.
The Ministry of Health will monitor the Register and review reporting recorded by PCBUs on the
Register. It will be able to use Register reporting features to identify if a PCBU appears to have failed
to keep records, or ensure that workers are being tested within the timeframes identified in the
Register.
The new requirement making use of the BWTR mandatory will also support PCBUs/employers to
fulfil their obligations towards ensuring that affected border workers are tested on their regular
cycles. Specifically, mandatory and consistent use of the BWTR by PCBUs/employers will:
8• ensure they meet their obligations to keep records that can be easily accessed and
converted into written form, and to
• ensure their workers know that they are required to be tested and the testing cycle that
applies to them.
Mandatory use of the BWTR will also be helpful to:
• increase the accuracy of data held on testing frequency due to its automation function
anonymously linking the affected workers test results to their NHI number
• support COVID case investigation, as it facilitates early detection of potential
transmission linked to an ‘affected worker’ during contact tracing by generating a list of
close or casual work contacts who might also have been exposed to the same source.
The Register is easy to use and has been designed for all PCBUs/employers to operate quickly, while
providing uniform information back to the Ministry of Health.
Ministry of Health staff are available to provide ongoing technical support to PCBUs/employers on
use of the Register. Demonstrations on how the Register works can be arranged by contacting:
bwtrsupport@health.govt.nz.
4 What process will be used to support implementation of
required testing?
• Port companies will notify PCBUs/employers of affected port workers about the changes to
the Required Testing Order and this guidance.
• DHBs will review existing plans to test affected port workers to take account of the new
groups required to be tested and testing frequency changes for some groups. This includes
updated planning and provision for the capacity needed to take samples from all affected
workers. DHBs should also continue to ensure that there is capacity to provide voluntary testing
service to workers not subject to mandatory testing requirements under the Order.
• DHBs will communicate these plans to PCBUs/employers employing affected workers and
provide instructions, guidance or other information to support workers to get tested.
• PCBUs/employers engaging or employing affected workers will implement systems and
processes to ensure that they meet their obligations under the Required Testing Order on an
ongoing basis: These obligations are to:
o notify each affected person employed or engaged by the relevant PCBU/employer of the
requirement to be tested, and the testing period that applies to the affected person
o meet record keeping requirements
o ensure that, where testing is available during work hours, workers are not prevented
from accessing that testing.
• From 27 April 2021, the Border Workforce Testing Register (BWTR) tool kept, maintained
and monitored by the Ministry of Health is to be used as they system for keeping the required
records of workers’ testing, and of informing workers of their testing requirements and cycles.
Information is provided above on how the BWTR assists PCBUs/employers meet these
obligations.
• A suggested letter for employers to send is attached as Appendix II.
9• In addition to these legal requirements, PCBUs/employers should provide workers with
information about how they can access tests at their facility and the timing of testing, or provide
them with vouchers that they can take to a community testing centre or other healthcare facility
to get the test done.
• If requested, DHBs will report in writing the number of workers that are tested to the
Ministry of Health. In this case, the information provided should show details of the port where
they work.
5 Summary of Roles and Responsibilities
Port Companies DHBs/PHUs PCBUs/Employers Affected Workers
Notify Provide the health testing Keep records via the Provide employer with the
PCBUs/employers of the staff and arrange Ministry of Health’s specified information that
Order and guidance schedules to provide Border Workforce will enable them to meet
material. testing at facilities. Testing Register about the duties of a
workers employed or PCBU/employer.
As a PCBU/employer in Ensure testing data is
engaged by them who
its own right – the Port collected and reported to Present yourself for testing
are required to be
Company has the same the Ministry of Health in every 7 or 14 days (as
tested.
responsibilities as other accordance with the applicable).
PCBUs/employers to prevailing arrangements Make records available
Self-employed/sole trader
staff it engages or to an enforcement
As a PCBU that employs workers or contractors may
employs that work in officer if requested.
or engages affected need to consider their
affected roles at an
workers, DHBs also have Notify workers of their responsibilities both as an
affected port, as well as
the same duties and responsibility to have affected worker and as a
general Health and
responsibilities as all COVID-19 tests and PCBU.
Safety responsibilities.
other relevant medical exams, and
The Port Company will PCBUs/employers in their required testing
use its best endeavours relation to affected frequency.
to link to sources and workers engaged or
Must not prevent their
information about employed by the DHB
workers from being
testing at the port. working on site at an
tested during their
affected port.
working hours, if testing
is available during those
workers’ hours.
Self-employed/sole
trader workers or
contractors may need
to consider their
responsibilities both as
an affected worker and
as a PCBU/ employer.
6 Frequently Asked Questions (FAQs)
The following section sets out responses to frequently asked questions and is intended to assist
understanding and implementation of the requirements of the Required Testing Order. Please direct
any further questions not covered by these FAQs to: COVID-19testing@health.govt.nz.
101. Why should border workers be tested?
• The aim of these testing measures is to increase the safety of border workers, and to
strengthen barriers to prevent COVID-19 entering New Zealand across the border. Workers
at borders all have an increased risk of exposure to COVID-19 through interaction with
travellers and cargo arriving from overseas. Regular testing of border workers provides
assurance that use of personal protective equipment (PPE), practising good hygiene and
other public health protection measures are effective.
• It is important to remember that the appropriate use of PPE and other public health
measures remain the best ways for border workers to protect themselves from exposure to
COVID-19.
2. What types of COVID-19 testing are available to border workers?
• The nasopharyngeal swab, or deep nasal swab, is the preferred option due to its
effectiveness in detecting the virus. However, as border workers are undergoing testing
regularly, they may ask for the new ‘alternative swab option’, the oropharyngeal and
bilateral anterior nasal swab (ONS). This involves a less invasive swab of one nostril and a
throat swab.
• Saliva testing is not currently available for port workers, but may become an option in
future.
o Saliva testing has a lower sensitivity than nasopharyngeal swabbing. At this stage, it
is a potential additional screening tool for New Zealand’s highest risk border
workers, and it could complement use of the nasopharyngeal method for those
being tested regularly.
o Nasopharyngeal swabs remain the ‘gold standard’ test and preferred means of
testing for COVID-19 because of their sensitivity.
o The Required Testing Order allows for saliva testing to be an authorised method for
the purposes of the order in future, if this is later considered to be an appropriately
sensitive test.
o However, no saliva tests are approved by the Director General of Health for the
purposes of testing under the Order at this time.
o Workers are encouraged to participate in voluntary saliva testing where this is made
available, but saliva tests will not qualify as a test for the purposes of meeting
obligations under the Required Testing Order at this stage.
3. Most border workers are being vaccinated as a priority group. Will they still need to be tested
once they are vaccinated?
• Yes, at this stage border workers will still need to be tested once they are vaccinated. The
vaccines will protect individuals from the effects of the virus, however, it is too early for
researchers to determine whether a vaccinated person could still transmit the virus to
someone else. Until the evidence is clearer, and until we have more individuals in the
community vaccinated, the mandatory testing of our border and managed isolation and
quarantine workforce needs to continue.
11• It is also an important reminder that the vaccines are not a substitute for workers staying at
home if unwell, as well as using good hygiene practices such as washing hands, coughing and
sneezing into the elbow, and wearing PPE while working.
4. Where should workers be tested?
• Either at testing sites available at the place of work (i.e. on-site testing facilities at ports,
airports, or MIQ facilities), a community testing centre, or another healthcare facility, such
as a GP.
• Workers must provide their employer with information about their test to allow the
employer to keep the records required by the Required Testing Order. To ensure a record is
kept, if a worker goes to a community testing centre, or another healthcare facility to get
tested, they should ensure their test is recorded using the appropriate identifier (SURV code)
unique to their place of work. Some employers use a voucher system for referring workers
to a GP or a community testing centre, which includes the appropriate SURV code. Workers
should contact their employer for information.
5. How does a worker get their test results?
• The worker will be advised of their test results by their testing service provider. This is likely
to be by text message.
• If a worker returns a positive test result, they will receive a call from the local Medical Officer
of Health and will need to follow the instructions given.
6. Is there any requirement for an employer to pay workers to be tested when testing must be
done in their own time?
• Payment of workers who are tested in their own time is a matter for individual employers,
taking into account their general employment, workplace health and safety obligations and
contractual requirements. Employers are encouraged to support staff to be tested.
7. Do workers need to be off work until they get their test results?
• If you are a border or other worker being tested under a mandatory testing requirement
such as the Required Testing Order, and you are NOT sick or symptomatic, you can continue
working while you wait for the test results.
• Workers should stay home if they are sick and contact Healthline or their medical
professional to arrange a test if they are displaying flu-like symptoms. In this situation, they
should self-isolate until they get their test results.
• Notwithstanding this advice, if you are a border worker who becomes a close contact of
community case, and are tested on that basis, you are required to follow public health
advice, including self-isolating at home until you receive a negative test result.
8. What assistance is available to a worker who cannot work due to COVID-19?
• Work and Income administers a leave subsidy scheme to help employers pay their
employees who need to self-isolate due to COVID-19 and can’t work from home, in certain
situations. Details are available at: https://www.workandincome.govt.nz/covid-19/leave-
support-scheme/
129. Can a worker be exempted from the requirement to be tested?
• A person can be exempted from the mandatory testing requirements by a suitably qualified
health practitioner at the testing site based on medical grounds. A GP or qualified health
professional at the testing site, if available, are examples of people who could provide an
exemption.
10. How should the mandatory 7-day or 14-day testing cycle be implemented?
• Worker testing must be done at least once within 7 days or 14 days of the work occurring,
depending on the applicable testing cycle.
• In order to increase the likelihood of detection of the virus, timing of the tests, and the
interval between them, is important. Therefore, worker testing:
o should be done on each 7th or 14th day as applicable, rather than earlier in the cycle
o must not be done later than the 7th or 14th day, on which it is normally due. A worker
can be tested slightly earlier than the 7th or 14th day of their usual testing cycle if
necessary, but not on or after the 8th or 15th day
o should occur at evenly spaced 7 or 14-day intervals, and the interval between tests
must not be more than 7 or 14 days, depending on the applicable testing cycle.
• Notwithstanding this advice, if a worker develops symptoms at any time since their last test,
they should get tested urgently regardless of when their last test was, or the next one is due.
11. What happens if a worker is absent from their workplace at the required testing time?
• If workers are absent from their workplace at the required testing time (for example, they
are on holiday or not rostered to work during the required testing period), they are still
required to comply with their testing requirements under the Required Testing Order.
• If the worker is absent from their workplace on their usual required testing day, but is able
to be tested at a location other than their usual workplace testing site (e.g. a community
testing centre or at a medical practice), they must advise their employer of the date and
location of their test.
o However, there may be situations where a worker is away from the workplace and is
unable to access testing at an alternative location at the required time. In such
cases:
▪ a test a little earlier in the cycle is acceptable but this must be as close to the
end of the 7 or 14-day cycle as possible
▪ the test must not be done later than the 7th or 14th day on which it is
normally due. To specify, a worker can be tested slightly earlier than the 7th
or 14th day of their usual testing cycle, but not on or after the 8th or 15th day.
The Required Testing Order has now been amended to clarify that a period
longer than 7 or 14 days between consecutive tests is prohibited
▪ the testing clock would re-set, and the next test would be due on each 7th or
14th day after the latest test (as now clarified in the Required Testing Order).
1312. How do the requirements apply to one-off or intermittent work in affected roles?
• Where someone works in an affected role on a one-off basis, the requirement to be tested is
also a one-off. The worker must get tested within the required testing period – i.e. within 7
or 14 days, depending on the applicable testing cycle.
• A further testing round is not triggered unless and until the worker next performs work in a
role that brings them in scope of the Required Testing Order.
• Workers that only infrequently or intermittently work in affected roles are required to be
tested within 7 days or 14 days, depending on the applicable testing cycle, each time they
undertake the work.
o Unlike the situation in question 10 where workers are required to be tested on a
regular and ongoing cycle, the optimal time for testing when someone works in an
affected role on a one-off or intermittent basis is between day 5 or 7 of that
exposure, regardless of the applicable testing cycle. Most people who have been
infected would test positive by day 7, whether they are due to be tested on day 7 or
day 14 after performing one-off or intermittent work in an affected role.
o Therefore, it is recommended that in the case of work in an affected role requiring a
one-off or intermittent test within 7 or 14 days, it is recommended that the test be
done between days 5 and 7.
o As an additional precaution, it is recommended that a worker subject to a one-off or
intermittent test within 7 days of performing work in an affected role, be tested
again within 7 days of that test. This is advised as a prudent approach to ensure
that the worker has not been incubating the virus despite returning a negative test
between day 5 and 7 – however, this additional test is not a legal requirement.
o An additional test is not considered useful in the case of a worker subject to a 14-
day testing cycle, undertaking one-off or intermittent work in an affected role.
• Once the worker has been tested for work performed in an affected role on a one-off or
intermittent basis, once they take a break from performing that work, their requirement to
be tested pauses and is not triggered until they next perform work in an affected role.
• As for question 10, notwithstanding this advice, if a worker develops symptoms at any time,
they should get tested urgently regardless of when their one-off, or intermittent test is due.
13. What happens if a worker does not get a test at the required intervals?
• It is the responsibility of an affected worker to present themselves for regular testing at the
required intervals.
• If a worker does not comply with the mandatory testing requirements, and if the worker is
not exempted by a suitably qualified health practitioner based on medical grounds, the
worker would be in breach of clause 7 of the Required Testing Order. The individual might
receive an infringement notice of $300 for not complying with the Order. Alternatively, a
Court could impose a fine of up to $1000.
• If a worker does not comply with their mandatory testing requirements or the requirement
to provide information, we expect their employer would follow up with them in the first
instance.
14• If the worker still fails to comply with the Order, the case can be referred to the Ministry of
Health or WorkSafe. These agencies can undertake an enforcement role to ensure PCBUs
and individuals meet their obligations under the Order.
• A complaint about non-compliance can be made as set out below, and an investigation
would then be commenced:
o via email to: H&SConcerns@worksafe.govt.nz
o via the 105 police non-emergency reporting line, or
o (anonymously) via the Ministry of Health’s Integrity Line (0800 424 888).
14. How will the new requirements be enforced?
• Enforcement officers are appointed to enforce compliance under the Required Testing
Order. This includes Medical Officers of Health for individual enforcement, or WorkSafe
inspectors, who are authorised to carry out the functions and powers of an enforcement
officer in workplaces which are regulated by WorkSafe.
• Authorities are taking a graduated approach to enforcement of the Required Testing Order.
In the case of non-compliance by a PCBU or a worker, the focus is on encouraging
compliance through education.
15. Do workers need to pay for their COVID-19 test?
• There is no charge for the test for border workers required to be tested under the Required
Testing Order, or for their employers. This includes tests accessed through a community
testing centre or GP.
• Voluntary testing is also available to border workers who are not covered by the mandatory
requirements, and this is available free of charge to the worker or employer.
16. What is a PCBU?
• A PCBU means a Person Conducting a Business or Undertaking (source: WorkSafe). It is a
broader term than ‘employer,’ recognising the variety of employment situations and
workplace arrangements. Most New Zealand businesses, whether large corporates, sole
traders, or self-employed, are classed as PCBUs. In comparison, an ‘Undertaking’ refers to
activities and services such as Government agencies, local councils, school or early childhood
education service or charities.
• In the context of this guidance a PCBU is essentially the employer of workers at a port,
airport, managed isolation facility or quarantine facility, including third party employers of
contractors, self-employed contractors or sole traders working at a port.
17. Do PCBUs/employers have obligations under the Required Testing Order?
• Yes. The Required Testing Order imposes obligations on PCBUs/employers to:
o Notify each affected worker employed or engaged by the PCBU/employer of the
requirement to undergo testing and the testing period that applies to the affected
person,
o Not prevent any affected worker from being tested during their working hours if
testing is available during those hours,
o Keep certain written records.
15• The records that are required to be kept by PCBUs/employers are:
o The worker’s full legal name
o The worker’s date of birth
o The testing period that applies to the worker
o The worker’s contact phone number and email address (so they can receive test
reminders)
o The dates on which the worker has undergone testing and medical examination
o If the worker has been given a medical exemption, the testing period to which the
exemption relates (this does not require the collection of health information about
the reason for the exemption).
o From 27 April 2021, records are required to be entered by PCBUs/employers on a
Register kept, maintained and monitored by or on behalf of, the Ministry of Health.
Records must be made available as soon as practicable to an enforcement officer if
requested. (See information on the Border Workforce Testing Register below.)
• The Ministry of Health will monitor the Register and review reporting recorded by PCBUs on
the Register. It will be able to use Register reporting features to identify if a PCBU appears to
have failed to keep records, or ensure that workers are being tested within the timeframes
identified in the Register.
o The Ministry will review reporting recorded by PCBUs on the Register, and will be
able to use Register reporting features to identify if a PCBU appears to have failed to
keep records, or ensure that workers are being tested within the timeframes
identified in the Register.
18. What systems are in place to support implementation of these record keeping and information
sharing requirements?
• The Ministry of Health has developed the Border Workforce Testing Register which is a
secure database that records and tracks workers’ testing dates.
• From 27 April 2021 it is mandatory for PCBUs/employers to be enrolled on the Register,
and to use it to meet these record-keeping and testing tracking obligations.
• The Register keeps PCBUs/employers and workers informed about:
o when workers need to be tested, and
o whether they have completed a test.
• The Register does not record the results of any worker’s test. It only records the date that
the swab was taken, and the date that the result was returned. Protecting the privacy of
workers’ health information is important so any positive test results will be managed
separately by the contact tracing team.
• The Register is easy to use and has been designed for all PCBUs/employers to operate
quickly, while providing uniform information back to the Ministry of Health.
• The Ministry of Health staff are available to provide ongoing technical support to PCBUs on
use of the Register. Demonstrations on how the Register works can be arranged through:
bwtrsupport@health.govt.nz.
1619. How does the Required Testing Order affect self-employed people who are affected workers?
• Someone who is self-employed is likely to be a PCBU in their own right. This means they will
need to consider how they comply with the requirements of the Order both as an employer
and an affected worker.
Questions specific to port workers
20. Which port workers must be tested, and how often must they be tested?
• Port workers are required to be tested every 7 days if they:
o Work as a pilot, carrying out work on or around an affected ship.
o Spend more than 15 minutes in an enclosed space on board an affected ship.
▪ An “affected ship” is a ship which has persons on board who are required to
be isolated or quarantined in accordance with a COVID-19 Order.
▪ Crew on a ship arriving from a port outside New Zealand will be considered
as “persons on board who are required to be isolated or quarantined in
accordance with a COVID-19 Order” until a Medical Officer of Health or
Health Protection Officer has confirmed that all on board are symptom free,
have met the low risk indicators, and completed isolation and quarantine
requirements.
▪ In the context of the Required Testing Order, an “enclosed space” on an
affected ship is considered to be an enclosed or partially enclosed space on
board the ship in which physical distancing from the ship’s crew is not
practicable.
• It is acknowledged that the term “enclosed space” may be defined
differently elsewhere, including in the maritime context, and the
context of the Health and Safety at Work Act (2015).
o Are workers who transport crew, to or from an affected ship.
▪ This new requirement will affect those who transport on and off-signing
maritime crew, between airports and ships, or ships and MIFs.
• These crew have not been in isolation or quarantine for at least 14
days, or met other low risk indicators including a negative COVID-19
test.
• These crew are transported by dedicated transport providers under
controlled conditions managed by Managed Isolation and
Quarantine (MIQ) authorities.
▪ This new requirement will not affect workers who transport crew who have
been authorised to disembark e.g. for shore leave or to return to their home
in New Zealand.
• These crew have been in isolation and quarantine for at least 14
days and have met other low risk indicators including a negative
COVID-19 test.
• The ship they are disembarking from is no longer “an affected ship”.
17• In most cases these crew would travel to or from the port entrance
(not the ship) in private vehicles or public transport e.g. a taxi, uber
or bus, or on foot.
• Port workers at affected ports are required to be tested every 14 days if they:
o Work as a stevedore, carrying out work on or around an affected ship.
o Board or have boarded an affected ship.
o Are a worker who transports persons other than crew to or from an affected ship.
▪ This includes workers transporting testing teams to a ship to test crew, or
workers transporting persons to a ship to undertake a necessary task.
o Are a port worker in a category not covered by the above, but who otherwise
interacts with persons required to be in isolation or quarantine under a COVID-19
Order.
o Are a port worker:
▪ Who handles affected items that have been removed from an affected ship
within 72 hours of the item being removed from the affected ship, and
▪ who has contact with a member of a group of port workers or port border
officials who is required to be tested under the Required Testing Order,
while both are working.
▪ For the purposes of determining if a worker in the port context comes under
this category, “affected items” are items that:
- Are not cargo or freight
- have been removed from the affected ship for cleaning, disposal
and/or re-use.
▪ In the maritime context “freight” refers to goods transported in bulk by ship.
▪ “Re-use” refers to items that are to be re-used on a ship. The re-use doesn’t
have to be on the same ship.
▪ To provide some examples, “affected items” might include items such as:
machinery or equipment, or parts, removed for repair or service, firefighting
and lifesaving equipment removed for repair or service, laundry, if not done
on board; garbage or garbage containers, including expired medical stores
for disposal.
▪ It is noted that in most cases repairs, servicing or cleaning of machinery or
equipment would be carried out on board the ship.
▪ “Have contact with”, in relation to members of a group of port workers or
port border officials already required to be tested under the Required
Testing Order, means:
- having face-to-face contact within 2 metres of each other for 15
minutes or more; or
- being in a confined space within 2 metres of each other for 15
minutes or more.
18▪ A table of workers and border officials who are required to be tested in
the ports context is provided under item 4 in the table in Appendix III.
▪ If you are a third-party contractor servicing ships who meets the
conditions described above, you will be included in this category.
21. Which port workers are not required to be tested under the Order?
• Port workers in the following situations are not required to have a test:
o Any port worker who is not listed under “who must be tested” above. (However,
testing is available to these “lower-risk” border workers not covered by the
mandatory testing requirements on a voluntary basis should they wish to access it at
no charge to the worker).
o People who are in isolation or quarantine on a ship under a COVID-19 Order do not
need to be tested under the Required Testing Order but are subject to separate
requirements under the Maritime Border Order. In the Required Testing Order these
are referred to as “excluded port persons”.
o When a ship has not arrived at the port from a location outside New Zealand for a
period of at least 14 consecutive days. This pauses the obligation to be tested until
the port receives another ship from outside New Zealand. Workers at that port are
not required to be tested under the Required Testing Order until another ship
arrives from overseas. This reflects the fact that some ports do not regularly receive
ships from locations outside New Zealand.
22. When do port workers have an exemption from being tested under the Required Testing
Order?
• When a health practitioner at the place of testing decides that it would be inappropriate for
the person to undergo that testing and medical examination.
19Appendix I: Required Testing Order: History
The COVID-19 Public Health Response (Required Testing) Order 2020 (Required Testing Order) has
been amended several times since it commenced.
This appendix provides a brief overview of the history of the Required Testing Order for additional
context.
Overview of main changes:
The Order as originally made
The Order commenced at 11.59 pm on 27 August 2020. It aimed to prevent, and limit the risk of, the
outbreak or spread of COVID-19 by requiring one-off testing of higher-risk workers at Auckland
International Airport, certain higher-risk workers at the Ports of Auckland and Port of Tauranga, and
workers at managed isolation and quarantine facilities (MIQFs).
The first set of amendments
The COVID-19 Public Health Response (Required Testing) Amendment Order 2020 came into force
from 11.59pm on 6 September 2020 and amended the Required Testing Order to require regular
routine testing of certain higher-risk border workers at Auckland International Airport, Ports of
Auckland and Port of Tauranga.
The second set of amendments
The COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020, which
amended the COVID-19 Public Health Response (Required Testing) Order 2020 came into force at
11.59 pm on 16 September 2020.
The amendments extend the testing and medical examination requirement to specified groups of
affected persons at all airports and ports unless exempted. In relation to an airport, the exemption
applies if an aircraft has not arrived at the airport from a location outside New Zealand for a period
of at least 14 consecutive days. In relation to a port, the exemption applies if a ship has not arrived
at the port from a location outside New Zealand for a period of at least 14 consecutive days.
The third set of amendments
The COVID-19 Public Health Response (Required Testing) Amendment Order (No 3) 2020 came into
force at 11.59 pm on 25 November 2020. This amendment to the Order introduced further changes
to mandatory testing requirements:
- new duties on PCBUs to keep records and facilitate compliance,
- requirements for workers to give certain information to their PCBU,
- changes to some of the groups required to be tested and frequency of testing for some
affected workers.
In addition to these main changes, testing requirements relating to certain aircrew were added to
the Required Testing Order in the COVID-19 Public Health Response (Air Border, Isolation and
Quarantine, and Required Testing) Amendment Order 2020.
This fourth set of amendments
The COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing)
Amendment Order 2021 came into force at 11.59 pm on 18 April 2021. This amendment to the
Order enables quarantine-free travel (QFT) flights between New Zealand and Australia, the Cook
20Islands and Niue involving designated airlines and airports. To fly on a QFT flight, passengers need to
meet a range of pre-boarding requirements, including health requirements such as not having any
pre-existing condition that causes symptoms consistent with COVID-19.
This fifth set of amendments
The COVID-19 Public Health Response (Required Testing) Amendment Order 2021 comes into effect
at 11:59 pm on 21 April 2021. This introduced changes to the Order to strengthen the border testing
regime as a result of the new community cases announced in Auckland in February 2021, and the
presence in New Zealand of more transmissible variants of COVID-19. The changes, which are
explained in this guidance, involve:
• extending mandatory testing requirements to new groups of border workers
• increasing the mandatory testing frequency for certain higher-risk border workers to every
seven days
• allowing flexibility in the scope of sampling methods that can be used
• clarifying testing cycle requirements to reflect that the time between tests must not exceed
the length of the relevant testing cycle.
These changes will take effect from 22 April 2021.
A further change makes it mandatory that employers use the Border Workforce Testing Register
kept, maintained and monitored by the Ministry of Health to keep the required records of testing for
workers subject to mandatory testing.
This change will take effect from 27 April 2021.
21Appendix II: Draft template letter for employers to send employees
Important note: To meet the duty of a PCBU/employer to facilitate compliance with testing and
medical examination requirements, PCBUs/employers must provide specific information to their
worker, which informs them of:
• The requirement to undergo testing and medical examination; and
• The testing period that applies to the affected person.
This draft letter does not meet this requirement, as it is not specific to the individual worker – it is
provided to assist PCBUs/employers with communicating the new Order requirements to their
workers only.
Dear [Name of employee]
The COVID-19 Public Health Response (Required Testing) Order 2020 (Required Testing Order)
requires certain workers at higher-risk of workplace exposure to COVID-19 to undergo regular
testing. As of 11.59 pm on 21 April 2021 changes have been made to the Required Testing Order to
further strengthen the border testing regime.
These changes are in response to the new community cases detected in Auckland in February 2021,
and the presence in New Zealand of more transmissible variants of COVID-19, first identified in the
UK, South Africa and Brazil.
Workers in many roles have been required to be tested for some time. Workers in these roles
continue to need to be tested. We thank you for your continued cooperation if you work in one of
these roles.
The changes to the Required Testing Order mean that persons who perform work in the following
role at ports must now also be tested every 14 days:
• Workers who handle affected items that have been removed from an affected ship within 72
hours of the item being removed from the affected ship, and who have contact with a
member of a group of port workers or port border officials who is already required to be
tested under the Required Testing Order, while both are working.
Note:
• An affected ship is a ship which has a person on board who is required to be isolated or
quarantined in accordance with a COVID-19 Order.
• An affected item is an item that:
o is not cargo or freight, and
o has been removed for cleaning, disposal and/or re-use on the ship.
• In the maritime context “freight” refers to goods transported in bulk by ship.
• “Re-use” refers to items that are to be re-used on a ship. The re-use doesn’t have to be on
the same ship.
• “Have contact with”, in relation to contact with a member of a group of port workers or port
border officials, means:
o having face-to-face contact within 2 metres of each other for 15 minutes or more; or
o being in a confined space within 2 metres of each other for 15 minutes or more.
22• “Members of a group” are all those port workers and border officials who are already
required to be tested under the Required Testing Order.
• If you are a third-party contractor servicing ships who meets the conditions described above,
you will be included in this category.
In addition to these new groups of port workers, the frequency of required testing has been
increased for some groups of border workers identified as being at higher risk of exposure because
of the nature of their work and interaction with potentially infectious persons.
The following groups of port workers, previously on a 14-day testing cycle, are now required to be
tested every seven days, beginning 22 April 2021:
• Workers who transport crew to or from an affected ship.
More information about the groups of workers required to be tested can be found in the
accompanying FAQ sheet. [Include this sentence if the employer is attaching the FAQ sheet.]
If you perform work in an affected role, you must get tested, unless you have a particular physical or
other need that a suitably qualified health practitioner at the testing site determines would make it
inappropriate for you to be tested.
We will be providing further information on how and where to get tested. [The employer can insert
specific requirements applying to the worker here.]
The Required Testing Order requires that, as your employer, we must notify you of the requirement
to be tested and keep certain written records that enable us to check that you are being tested.
The records we are required to keep are:
• Your full legal name and date of birth
• Your telephone number
• The testing period that applies to you
• The dates on which you have undergone testing and medical examination in
accordance with the testing period that applies to you
• If you are exempted from testing and medical examination on medical grounds, the
testing period to which the exemption relates.
You will need to provide us with this information, or enable us to access this information, so that
these records can be kept.
You will receive further information about how this information will be collected at our workplace
[or employer can insert information here].
If you have questions about how you should provide this information, please discuss these with me.
The purpose of these mandatory testing requirements is to ensure that the measures we have in
place to keep you safe are working and to keep COVID-19 out of New Zealand communities.
Please continue to use your PPE properly, practise good hygiene, use physical distancing where
possible and stay alert to the symptoms of COVID-19.
You play a vital role in keeping our workplace, communities and whānau safe. I thank you for your
efforts so far and for your ongoing cooperation with the testing requirements.
Your sincerely
[Name of employer]
Recommended attachment: FAQs drawn from this guidance
23You can also read
