There have been multiple reports and anecdotal experiences shared online about employers requiring staff to come into the workplace, despite the latest government advice about working from home where possible.
In this update we touch on the legal obligations of employers surrounding workplace safety and practice during this extraordinary time.
Coming into work
The government has recognised that not all staff can work from home, such as those in the manufacturing, construction and front-line industries.
Guidance states that staff are permitted to travel into their place of work if neither they nor any of their household are displaying any symptoms of Coronavirus. Employers can require staff to come into work but should only do so when:
- It is impossible for staff to work home;
- The staff are not working for a business or organisation that has been ordered to close;
- The staff are not laid-off or furloughed;
- The staff are not vulnerable individuals who are more susceptible to serious injury or death by Coronavirus (provided that the risk of discrimination is considered); and
- The recommended workplace precautions are taken.
Coronavirus: health and safety in the workplace
If staff are required to come into work, then employers should pay close attention to their statutory and common law obligations.
Employers have a statutory duty to ensure the health and safety of their staff and those that are affected by their activities so far as reasonable practicable. An employer must conduct risk assessments to review the work-related risks faced by its staff and by others who may be affected by the company's activities.
Employers also have an implied duty to provide staff with adequate plant and premises, competent fellow workers and a safe system of work. This includes the personal safety of workers.
For those staff who can work from home, employers should make sufficient provision to allow for this to be done, and to be done safely.
For those staff who can't work from home, employers should take steps to implement government guidance on cleanliness and social distancing. This means providing adequate amounts of hand-sanitiser, ensuring that bathroom and washing facilities are regularly cleaned, and that any public spaces remain sanitary through regular cleaning. Cleaning should include regularly touched communal areas, such as kitchens, door handles, keyboards, phones and desks.
The latest government guidance on hand-washing and cleanliness should also be displayed where possible, using illustrations as well as text information.
Where staff are in a building or onsite together, they should ensure that they remain 2 metres apart. This could mean placing tape markers on the floor to indicate the required distance, as has been used in many supermarkets across the UK.
Staff whose place of work is in people's homes
Staff who specialise in gas, repair, facilities and maintenance of residential buildings should be told not to carry out any work in any household which is self-isolating because one or more of its inhabitants.
Staff should also not undertake any work in a house where one or more individuals are being shielded because they are particularly vulnerable.
The exception to the above is where the work is to remedy a direct risk to the safety of the household, such as emergency plumbing or repairs. However, staff must be willing to carry out the work in this circumstance.
Businesses and venues that have been ordered to close
The following businesses and venues have been ordered to close:
- Food and drink venues for consumption on-site, such as restaurants and cafes;
- Drinking establishments, including pubs, bars, nightclubs;
- Entertainment venues, including cinemas, theatres, concert halls, and bingo halls;
- Museums and galleries;
- Spas, wellness centres and massage parlours;
- Casinos and betting shops; and
- All indoor leisure and sports facilities, including gyms.
There are exceptions to this list and employers are encouraged to check the government guidance: https://www.gov.uk/government/publications/further-businesses-and-premises-to-close/further-businesses-and-premises-to-close-guidance#businesses-and-premises-that-must-remain-closed
Construction workers
The government has issued Site Operating Procedures in conjunction with the Construction Leadership Council for those whose place of work is a construction site. Please follow the link below to view the detailed guidance: https://builduk.org/wp-content/uploads/2020/03/Site-Operating-Procedures-23-March-2020.pdf
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