Common use of Pre-Employment Clause in Contracts

Pre-Employment. As a condition of employment, the Employer shall test Employees (excluding Employees who are working exclusively remotely) for Covid-19 within 3 days prior to the start of their employment1 using either: (1) a lab-based PCR 1 As used throughout this Agreement, the three (3) days testing window as used for pre-employment, Zone A periodic testing, and Air Travel will be reduced to two (2) days effective February 1, 2021, or when the AMPTP Return to Work Agreement adopts 48 hours, whichever is later. The Unions agree to meet at least 15 days prior to the effective date of this provision to discuss the feasibility of this change in light of the testing capabilities which exist at that time and whether an extension of this scheduled change is appropriate. diagnostic test (ie., not rapid); or (2) two PCR rapid tests conducted using samples collected at the same time2; or (3) if an Employee cannot receive the results within the 3 day window, the lab-based PCR test shall be administered as close to the commencement of work as possible, with a rapid test also administered within 48 hours prior to employment. Both test results must be obtained prior to the start of employment. Because of the short term nature of commercial employment, an Employer may rely upon an acceptable test result (i.e., one lab PCR or two simultaneous rapid PCR tests) performed by a prior Employer to fulfill the pre-employment testing requirement provided that such test(s) has been performed within 3 days of the start of employment for a Zone A Employee or one week of the start of the employment for a Zone B or C Employee (see definition of zones below). Results must be obtained prior to the start of employment. Once a conditional job offer is made by the Employer and a negative test result is provided to the Employer, the person is considered employed as of the first scheduled day of work, and all provisions related to sick leave and other working conditions apply on a go-forward basis, even if the Employee develops symptoms or fails their daily screening questionnaire on their first day of work. Notwithstanding the foregoing, no Sick Pay (see below) shall be owed unless the Employee misses a scheduled day of work. Zone A Includes anyone present in the workspace while performers and background actors are not wearing PPE. Such persons shall be tested for Covid-19 and have a negative test within 3 days prior to commencement of work in Zone A, and a subsequent test each 3-day period, which may be a rapid PCR test provided that at least one test each week of work in Zone A must be a lab-based PCR diagnostic test. For one or two day shoots where the last shoot day falls on the 3rd day from the pre-employment test, a second test is not required. For example, when a pre-employment test is conducted on a Monday, and shooting takes place on Wednesday and Thursday only, since Thursday is the third day following the pre-employment test, no second test is required. If, on the other hand, shooting takes place on Wednesday, Thursday and Friday, a second test is required prior to the start of work on Thursday. Persons present on a production shall be considered as Zone B or Zone C, whichever is applicable, until such time as Performers and/or Background actors (a.k.a. Extras) are present and not wearing PPE after which time such persons will be considered in Zone A.

Appears in 3 contracts

Samples: Covid 19 Commercial Production Safety and Testing Protocol Agreement, Covid 19 Commercial Production Safety and Testing Protocol Agreement, Covid 19 Commercial Production Safety and Testing Protocol Agreement

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Pre-Employment. As a condition of employment, the Employer shall test Employees (excluding Employees who are working exclusively remotely) for Covid-19 within 3 days prior to the start of their employment1 using either: (1) a lab-based PCR 1 As used throughout this Agreement, the three (3) days testing window as used for pre-employment, Zone A periodic testing, and Air Travel will be reduced to two (2) days effective February 1, 2021, or when the AMPTP Return to Work Agreement adopts 48 hours, whichever is later. The Unions agree to meet at least 15 days prior to the effective date of this provision to discuss the feasibility of this change in light of the testing capabilities which exist at that time and whether an extension of this scheduled change is appropriate. diagnostic test (ie., not rapid); or (2) two PCR rapid tests conducted using samples collected at the same time2; or (3) if an Employee cannot receive the results within the 3 day window, the lab-based PCR test shall be administered as close to the commencement of work as possible, with a rapid test also administered within 48 hours prior to employment. Both test results must be obtained prior to the start of employment. Because of the short term nature of commercial employment, an Employer may rely upon an acceptable test result (i.e., one lab PCR or two simultaneous rapid PCR tests) performed by a prior Employer to fulfill the pre-employment testing requirement provided that such test(s) has been performed within 3 days of the start of employment for a Zone A Employee or one week of the start of the employment for a Zone B or C Employee (see definition of zones below). Results must be obtained prior to the start of employment. Once a conditional job offer is made by the Employer and a negative test result is provided to the Employer, the person is considered employed as of the first scheduled day of work, and all provisions related to sick leave and other working conditions apply on a go-forward basis, even if the Employee develops symptoms or fails their daily screening questionnaire on their first day of work. Notwithstanding the foregoing, no Sick Pay (see below) shall be owed unless the Employee misses a scheduled day of work. Zone A Includes anyone present in the workspace while performers and background actors are not wearing PPE. Such persons shall be tested for Covid-19 and have a negative test within 3 days prior to commencement of work in Zone A, and a subsequent test each 3-day period, which may be a rapid PCR test provided that at least one test each week of work in Zone A must be a lab-based PCR diagnostic test. For one or two day shoots where the last shoot day falls on the 3rd day from the pre-employment test, a second test is not required. For example, when a pre-employment test is conducted on a Monday, and shooting takes place on Wednesday and Thursday only, since Thursday is the third day following the pre-employment test, no second test is required. If, on the other hand, shooting takes place on Wednesday, Thursday and Friday, a second test is required prior to the start of work on Thursday. Persons present on a production shall be considered as Zone B or Zone C, whichever is applicable, until such time as Performers and/or Background actors (a.k.a. Extras) are present and not wearing PPE after which time such persons will be considered in Zone A.

Appears in 1 contract

Samples: Covid 19 Commercial Production Safety and Testing Protocol Agreement

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