UPDATED GUIDANCE ON EMPLOYERS DUTIES

STAGE 4 OF THE ROADMAP - 19 JULY 2021

Having confirmed that England will enter Stage 4 of the road map to lift restrictions that were put in place as a result of the COVID 19 pandemic at the beginning of this year, the Government is no longer instructing people to work from home if they can, and employers are being encouraged to plan a gradual return to the workplace over the summer.

Having made this announcement, the Government has now issued guidance for employers with regards to how best they can safely return their employees back into the workplace in light of the pandemic, which is not over yet.

So, what does the guidance now recommend in terms of health and safety considerations for employers?

As was previously the case with the extensive guidance that the Government produced as to what steps businesses could take to protect their workplaces across all manner of industries, the updated guidance makes recommendations for businesses in terms of how best they can still mitigate the risk of transmission of the COVID 19 virus within the workplace.

The main recommendations / points to note are as follows:-

• Businesses are to provide adequate ventilation to indoor workspaces where there are people present, as well as identifying any poorly ventilated spaces and take steps to improve fresh airflow.

• The importance of cleaning surfaces and encouraging good hygiene practices amongst staff and visitors to the workplace is still encouraged.

• Staff or visitors who are suffering symptoms of COVID 19 are requested to be turned away from the workplace.

• If an employee has tested positive or has been notified that they have been in close contact with someone who has a positive COVID 19 test result, they are still, by law, required to self-isolate.  As an employer, you must not allow anyone who has been required to self-isolate to come into the workplace – this is still a chargeable offence with punishment by way of fines.

• Although business are no longer legally required to collect visitor contact details, the guidance still encourages business to display the NHS QR code poster. 

• Again, as with all the previous guidance, emphasis is placed upon keeping your employees, contractors and visitors up to date on the health and safety practices and procedures within the workplace, as well as liaising with them/taking feedback from them with regards to how best practices can work within your specific workplace. 

• Measures should still be put in place to reduce the contact between people where practical, such as reducing the number of people each person has contact with, and by considering the layout of workstations accordingly.

• Although face coverings are now no longer required in law, the guidance still encourages the use of these by employees or customers who are working in enclosed and crowded spaces. 

• Finally, although the social distancing guidance no longer applies and there are no limits on social contact between people from different households, the guidance still emphasises the importance of attempting to mitigate the risk of transmission by reducing social contact as far as possible.

So what should Employers do in light of this up to date guidance?

1. The first step is to review your specific COVID 19 risk assessment and consider whether your current practices and policies are sufficient, or whether you need to make alterations to those practices and policies to take into account the change in the guidance.

2. Most importantly however, we would encourage employers to liaise with their employees over their individual needs (if any) in light of a return to the workplace.  Whilst the Government’s relaxation of restrictions for many is welcome, the return to the workplace and the on-going pandemic is a huge cause for concern and anxiety amongst many, and this should not be overlooked.  Many workplaces and employers have gone to significant time and expense to put in place practices and procedures to enable their employees to return to the workplace safe in the knowledge that all reasonable steps have been taken for them to undertake their job in an environment that reduces the risk of transmission of the virus to the lowest level practicable.  With this in mind, and also taking into account that a number of businesses still have vulnerable employees working for or with them, to remove these practices and procedures overnight may cause an increase in anxiety and concern amongst employees.  It is therefore crucial that businesses liaise with their employees to take on board their views before deciding what works best for the business and workplace going forward.

3. Ensure that you communicate any changes to your working practices and procedures to employees, and continue to take feedback and their views on any changes that are made. 

4. As always, monitor the practices and procedures that you have put in place to ensure they are being adhered to by both employees and employers alike.

5. Keep on top of the Government guidance and updates and as recommended, continue to take feedback and comments from your employees to ensure the practices and procedures that have been put in place are working, and will continue to work.

The current situation and therefore the decision regarding what is best for your workplace and your employees / visitors continues to be a hard balance to strike.  Employers will want to  take into account both the needs of the business to be as productive as possible, whilst enabling employees to undertake their roles to the best of their abilities with the confidence that the steps taken by the employer protect them from the COVID 19 virus whilst they return to the workplace. 

Although there may well be a welcome change in terms of the easing of restrictions and an attempt to get back to “normal” and to live with the virus, COVID 19 has not gone away, and employers still have health and safety duties to their employees to reduce the risk of transmission of the virus where they can within the workplace.

Should you require any assistance or further guidance in light of the Government’s recommendations and how this should be applied to your particular workplace, or any other health and safety issues that you would like assistance with, please do not hesitate to contact the team at Prettys.