20 March 2020 | Comment | Article by Justin Davies

Health and Safety implications of COVID-19

Employers are strongly advised to undertake a risk assessment to identify the risks posed by COVID-19 Coronavirus.

 

Initial measures to manage the identified COVID-19 risks

The results of the assessment will assist in formulating the employer’s approach to managing the risks identified, and, importantly, inform the proportionate measures that will need to be implemented to manage the risks identified. The employer’s response will, of course, vary according to the nature of its undertaking, but some measures can sensibly be implemented regardless of the sector in which the employer operates. These measures include (but aren’t necessarily limited to):

  • Daily monitoring of any COVID-19 guidance issued by HM Government (including the Health and Safety Executive, and any sector-specific professional, representative or regulatory body);
  • Making staff aware of the symptoms of COVID-19, and ensuring that any guidance issued by HM Government is brought to their attention;
  • Having a clear reporting procedure (that is communicated effectively to staff) for those presenting with symptoms of COVID-19, or who have been in contact with someone that is presenting with symptoms (including introducing a procedure for those recently returning from identified high-risk areas);
  • Providing (and keeping replenished) handwashing facilities, and any particular personal protective equipment (PPE) as may be necessary either in the course of the employee’s usual duties or as may be additionally necessary in light of any particular risks identified in the risk assessment;
  • Liaising with any building maintenance services, facilities departments, cleaning contractors, etc in relation to measures to be applied in cleaning communal areas of buildings; and
  • Ensuring that, where staff members are required to visit third-party sites as part of their employment, those third parties have adequate preventative and protective procedures in place.

Employers should take particular care to keep their procedures under continual review, and ensure that they reflect, or take account of, the latest HM Government advice. Additionally, records should be kept of the particular measures implemented, including any measures considered but not implemented, along with the reasoning behind that particular decision.

 

Restrictions on employees’ travel

Most employers are taking steps to reduce all but essential national and international business travel for employees. However, where international travel is required for business reasons, employers should follow the official Foreign and Commonwealth Office’s guidance for the country to which employees will be travelling. Regard should also be had to any official government guidance in the destination country or countries (and any country or countries through which employees will transit). Before the travel begins, employers should liaise with their insurers to confirm that adequate insurance cover is in place, and will remain in place for the duration of the trip in question. Employers should continue to monitor government guidance for the duration of the trip.

 

Keep up-to-date with official guidance

The global position on COVID-19 Coronavirus is changing regularly (often on a daily basis). As such, employers should keep up to date with any changes in official guidance, and ensure that any such changes are reflected in their protective and preventative measures. It is strongly recommended that, whilst the landscape around COVID-19 is fast-changing, employers should review their risk assessment and preventative and protective measures daily.

Read more about the Health and Safety Legislation
 

The Health and Safety at Work, etc. Act 1974 imposes a duty on employers to safeguard, so far as is reasonably practicable, the health and safety of their employees at work, and persons other than their employees who may be affected by the employer’s undertaking.

Additionally, the Management of Health and Safety at Work Regulations 1999 places a duty on employers to make a suitable and sufficient assessment of the risks to the health and safety of their employees at work, and of persons other than their employees arising out of, or in connection with, their undertaking. The Regulations also impose a duty on all employers to put in place appropriate arrangements for the planning, organisation, control, monitoring and review of those measures identified as necessary in the risk assessment.

In addition to any duties imposed by health and safety legislation, employers will also owe common law duties of care towards their employees, and persons other than their employees, who may foreseeably be affected by their undertaking.

It must also be remembered that health and safety legislation places a duty on all employees to take reasonable care of their own health and safety, and that of other persons who may be adversely affected by employees’ acts (or omission) in the workplace.

 

For more information or advice surrounding the possible issues faced by public bodies during this time, please get in touch with our health and safety team.

Key contact

Justin Davies

t: 029 2267 5915

e: justin.davies@hughjames.com

 

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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