They can mix with any other person living or working at the specified premises. The workers are allowed to “self-isolate” at their specified accommodation, when working at the specified premises and when travelling directly between the specified accommodation and the specified premises; this will allow them to start work as soon as they arrive.
The Government introduced the exemption to “prevent significant economic damage to an important UK sector”, to “prevent significant animal welfare issues” that would otherwise arise, and to “ensure an adequate supply of food for the Christmas period”.
The Instrument was laid before Parliament on 16 November, came into force on 17 November and was subject to the made negative procedure and was laid using powers in the Public Health (Control of Diseases) Act 1984.
The Secondary Legislation Scrutiny Committee in the House of Lords said of the SI: >At a time of national lockdown, we find this measure extraordinary and concerning, all the more so since it appears that no tailored programme of testing these workers is envisaged to address the potential infection risk. This exemption appears to put economic considerations above those of public health.
The Department for Transport estimated that around 5,500 workers coming from a number of Eastern European countries, mainly Poland, Romania, Bulgaria and Hungary would benefit from the regulations. Despite infection levels being currently very high in these countries, the workers are not required to provide evidence of a negative COVID-19 test before travelling, nor wee they required to be tested on arrival at their place of work. T
Government guidance advised employers to place workers in cohorts of about six, with whom they should live and work, to limit potential transmission to small numbers. However regulation 2 of the instrument “does not require P [the worker] to remain in isolation from any other person who is living or working on the specified farm.” There may, therefore, be a risk of infecting locally sourced farm workers. The guidance says that a farmer, poultry producer, labour provider or agency bringing workers from overseas to work on farms in England, should give them appropriately translated guidance on any local restrictions and industry guidance on social distancing. It also advised that employers “should make sure that for the first 14 days workers to not leave their designated accommodation, for example to go shopping”. It was not clear how employers were expected to enforce this.
Testing and other requirements are all based on the assumption that an individual with symptoms will volunteer for a test that, if positive, will prevent them from working for at least 10 days. Meat packing plants have been a focus of infection in both America and Europe so it was surprising that no special measures were envisaged for this work scheme.