The government has published guidance around the return to workplaces in England this summer, outlining ‘sensible precautions’ employers can take to manage Covid-19 risk and support their staff.
However, the guidance has been met with criticism from business groups and trade union bodies, with the Institute of Directors describing the government’s advice as “a series of mixed messages and patchwork requirements” that have “dampened” enthusiasm.
“Return to work or continue to stay at home. Throw away your masks or continue to wear them. Today’s long-awaited guidance from government has done little to dispel that confusion,” said the IoD’s policy director Dr Roger Barker.
The Working safely during Covid-19 guidance has been published by the Department for Business, Enterprise and Industrial Strategy and the Department for Digital, Culture, Media and Sport. It offers advice for safe working in a range of settings including offices, bars, nightclubs, factories and retail – although the recommended measures are similar for each workplace.
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It says that organisations still have a legal duty to protect their staff and customers, recommending that they carry out a health and safety risk assessment that includes Covid-19 and take “reasonable steps” to mitigate any risks.
It confirms that when step 4 of the lockdown roadmap is triggered on 19 July, organisations do not need to implement social distancing and people no longer need to work from home. It says a gradual return to workplaces is expected over the summer and employers should discuss the timing and phasing of this with their employees.
The IoD’s Dr Barker criticised the government for not being clearer about the legal status of the guidance.
“Whilst it is right that companies should be allowed to take decisions based on their unique circumstances, it is vital that government provides businesses with best practice in developing their own policies,” he said. “However, business leaders are understandably confused as to the legal status that this guidance has and are concerned about vulnerability under health and safety legislation, as well as the validity of their insurance.”
Business leaders are understandably confused as to the legal status that this guidance has,” – Dr Roger Barker, Institute of Directors
“What government needs to do is inspire confidence amongst the country’s businesses and workforce that we can all begin to return to work safely. Today’s series of rather obvious statements does little or nothing to that end.”
The TUC’s general secretary, Frances O’Grady, said the guidance was published “without proper consultation with unions or employers” and called it a “recipe for chaos and rising infections”.
“Instead of providing clear and consistent guidance on how to keep staff safe at work, the government is abandoning workers and employers,” she said. “As infection rates surge, every employer must by law carry out a thorough risk assessment and take action to keep their workers safe. But these inadequate guidelines will leave many employers with more questions than answers and worried about their liability if they get things wrong.”
Most office workers will be returning to their workplaces for the first time in 16 months over the summer. The government suggested a number of priority actions organisations could take ahead of this return, including completing health and safety assessments; providing adequate ventilation; cleaning more often; turning people with Covid-19 symptoms away from the office; and enabling people to “check in” to offices so they can be contacted by NHS Test and Trace to book a test if they come into contact with a positive Covid-19 case.
It says workers should not be encouraged to use PPE to protect against Covid-19 unless in a clinical setting or responding to a suspected or confirmed coronavirus case.
It recommends that organisations consider encouraging the use of face coverings by workers, for example through signage, particularly in indoor areas where they may come into contact with people they do not normally meet.
“This is especially important in enclosed and crowded spaces,” it says, adding that firms would need to consider reasonable adjustments for staff and clients with disabilities.
Julian Cox, a partner at law firm BLM, said organisations should remember that their obligations under the Health and Safety at Work Act 1974 to keep all staff and clients safe from all foreseeable risks.
“To disregard these obligations, perhaps emboldened by talk of ‘freedom day’, would have been reckless, potentially exposing businesses to claims from staff and members of the public alike,” said Cox.
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“Given this, it’s going to be important for employers to prove it has kept to government guidance and has applied this carefully, to be well-placed to defend any claims potentially brought against it.”
