Introduction
It’s obvious, but worth stating at the outset, that COVID-19 is going to impact upon our lives for a very long period to come.
In the UK, the “lockdown” period started in late March, when the UK instructed people to stay at home for the majority of the time unless they were deemed to be a “key worker”.
At the time of writing, different parts of the UK are advocating different strategies in relaxing the strict lockdown, to ensure where possible a safe return to work for persons not previously considered key workers. Whilst England appears keen to start to ease the lockdown now, Scotland, Wales and Northern Ireland are still advocating the status quo – stay at home if possible.
Scotland’s First Minister, Nicola Sturgeon, said she was “not yet encouraging more people to go back to work” north of the border.
Whatever the strategy currently being employed, as time progresses there inevitably will be some movement in the approach, and we are all highly reliant on clear, unambiguous guidance from the governments via the medical profession and World Health Organisation for developing our own strategies.
So, what about companies who gradually decide to get back to work? How can we get back to work safely and healthily, either now or in the future?
The Impact
COVID-19 has and continues to affect everyone, but in different ways. This is mainly negatively, but in some cases could be positive too, perhaps allowing some employees a prolonged break from their workplace, enabling them to spend more time with close family and to catch up on hobbies around the house.
However, it is generally agreed that the outcomes are likely to be negative. The lack of freedom and uncertainty over the future could affect the physical and mental health and wellbeing of people, for example.
Whilst the break from work may be beneficial in terms of stress and anxiety for some, these will unquestionably increase for many others. It is also likely that some people may develop other anxiety disorders such as agoraphobia.
Despite the UK Government’s Job Retention Scheme, guaranteeing 80% of salary during any furlough period, many employees will still be significantly affected financially by the virus. As we move forward, there will be very real concerns about the future viability of businesses, with a recent study suggesting that the UK unemployment rate may double, and the economy may shrink by 14% due to COVID-19.
Of course, the most obvious concern amongst people is the fear of becoming infected with the Coronavirus. Indeed, many people will have been affected directly with the loss of close friends and family members.
The Legal Implications
There are, of course, criminal as well as civil law implications attaching to health and safety in the workplace, and these don’t alter in the time of a pandemic.
In terms of statute law, the Health and Safety at Work Act 1974 states that all employers must ensure the health and safety of employees so far as reasonably practicable, which is a weighing up of the risks against the costs needed to control those risks.
In addition, the Management of Health and Safety at Work Regulations 1999 requires all employers to have a management system for the management of risks, to assess and control reasonably foreseeable risks and to implement the principles of prevention, which adopt a hierarchical approach towards the control of risk.
In terms of civil law, employers must be able to demonstrate that they have taken “reasonable” care of their employees, and anyone else that they have a duty of care towards.
So, what should an employer be considering to ensure that they are doing the right things in terms of the health, safety and welfare of their employees?
Well, the advice of working from home, if possible, is unlikely to change any time soon. If working from home isn’t possible, what then?
Health and Safety Management System
This is going to sound like an IOSH Managing Safely or a NEBOSH Certificate training course, but a management system is crucial. The Deming Cycle (or a variant of it) is never far from the mind of a health and safety professional. PLAN – DO – CHECK – ACT
Plan
During these uncertain times, it’s never been more appropriate for us to require a clear plan. Where are we at the moment, where do we want to get to, what will the journey be like and how long will it take?
Many are currently advocating establishing a Working Group to establish clear plans. It’s critical to ensure that we have the right people on the Working Group. This should include senior and mid management, as well as worker representation, together with others as appropriate (e.g. safety personnel, H.R. etc) The group should meet regularly (how did we manage before Zoom?), and address all areas where there could be an impact, not just financially (organisational as well as individual), but the wellbeing and morale of staff, together with roles and responsibilities for profiling and controlling risks. A key role of the group would be to ensure that they are fully up to date on all professional medical advice, in particular government advisers and the World Health Organisation. This in turn would feed into the Do, Check and Act stages.
Do
This involves risk profiling and risk assessment. Do we have suitable and sufficient risk assessments in place, including those for home workers? Do we have anyone who may considered to be particularly at risk?
How can we address issues around commuting to and from the workplace, ensuring safe distancing, hygiene issues are in place etc.? What about practical issues around travel routes? Are they wide enough? Could we have a one way system? Does signage need to be altered? What about the maintenance and inspection of equipment? Can this be done safely? What about use of toilets, canteens and elevators? Are we utilising technology to the best of our abilities? And many more besides…
As identified above, part of this process would be to ensure that appropriate controls are in place, using the Principles Of Prevention and ensuring that risks are controlled so far as reasonably practicable. Anyone who has been on a safety training course is aware that PPE, although beneficial, is the “last line of defence”. In the case of coronavirus, medical professionals when discussing non front line staff put much more emphasis on physical distancing, shielding etc, for example.
Front line medical staff are provided with gowns, face shields and FFP3 face masks. That’s not going to be the solution for most other employers, although many may wish to consider basic masks in case of employees who are asymptomatic.
As specialist information develops over time, are we ensuring that our risk assessments are suitable and sufficient, in line with current best practice, and are they being regularly reviewed and the findings communicated as appropriate?
What about involving our workers? Are we ensuring clear lines of communication with all to update them during this very worrying time? We have to be mindful that workers will be anxious about a safe return to work. What about demographics and individual circumstances, such as age, pregnancy, mental health or any pre-existing health issues.
Are we asking for the thoughts or considering the concerns of the workforce? Would a worker questionnaire be a good idea, to gauge attitudes in returning to work?
Check
This is often the part that is missed in general health and safety management. Are we regularly checking to ensure that our system is working, both proactively and reactively?
Proactively – this could include regular checks to ensure that controls such as distancing and hygiene standards are clear and are being adhered to.
Reactively – Have we seen any instances of work related ill health, either as a direct result of COVID-19 or the knock on effects, such as stress or anxiety.
Act
The act, or review stage of the process would take a holistic approach to see if there are any lessons to be learned which could be incorporated into our system. Whilst ordinarily the review of a typical health and safety management system may be on an annual basis, due to the fast paced nature of change associated with our knowledge and understanding of COVID-19 and our ways of adapting, it is more likely that the review stage would be far more regular – perhaps weekly.
Conclusion
How each organisation deals with the return to work will vary considerably, depending upon factors such as the type of business, its sector, its location and the workforce. However, the basic approach can be adopted by all.
This is an issue like no other, one which nobody can relate to in our lifetimes. People are anxious, and will remain so for some considerable period of time, and so employers have to make allowance for that. Involve them, ask for their thoughts and ask them how they are feeling. Above all, treat them as individuals. No two people are the same. Keep fully up to date with expert knowledge. Only use reputable sources if you are accessing social media.
Social distancing is key currently, and if the two metre rule can’t be ensured then should the work be done at all?
We will need to adjust the way we work, in some cases permanently, but this may also provide new opportunities.
Proper management is key. Clear policies, plans, risk assessments and associated controls, communication, together with checking and review mechanisms are clear.
A “Plan–Do–Check–Act” approach to managing risk in the workplace has never been so relevant as it is today.
Keep safe and healthy.