50
LEGAL VIEW
IN ASSOCIATION WITH:
UNLOCKING THE WORKPLACE
By Ged Henderson
As lockdown measures are slowly lifted, growing numbers of businesses have turned their attention to ways they can bring staff safely back into the workplace.
It is an exercise that has major health and safety considerations. Central to any return is the duty of care that employers have to their workforce. Get things wrong and there could be serious consequences.
The government has created ‘Covid-19 secure’ guidelines for UK employers to help them get their businesses back up and running and workplaces operating as safely as possible.
Steve Penketh, regional managing director at insurance firm Gallagher’s retail division, which has an office on the Fylde coast, says it is important businesses carry out a thorough Covid-19 risk assessment of their premises.
He says: “Businesses must identify activities or situations which might cause transmission of Covid-19, and implement measures to control these risks.
“As well as fulfilling legal obligations, documenting any actions taken – including introducing social distancing rules, carrying out regular cleaning, encouraging frequent hand- washing and undertaking regular health and safety inspections - is crucial in the defence of any potential insurance claims for personal injury or illness or intervention by the Health and Safety Executive (HSE) or other regulatory authorities.”
He adds: “To ensure arrangements are suitable to discharge your organisation’s duty of care, engaging the support of a risk management
Holly Barnes
She says: “There is an obligation on the employer not only to provide suitable PPE, but also to maintain it, which can involve replacing and cleaning equipment.
“An employer should make sure that employees have appropriate training on how to use the PPE provided safely, as employees are obliged to use the equipment in the way in which it is intended.
specialist to validate your Covid-19 risk assessment is advisable as this will enhance your defensibility should a Covid-19 related incident occur at your business.”
Holly Barnes, litigation solicitor at law firm Farleys, says the main focus for companies is likely to be around the provision of PPE, ensuring social distancing where possible, staggering working shift patterns and working from home.
“It is important to remember, however, that each business setting is unique and there is no ‘one size fits all’ when it comes to risk assessing for a safe environment in the midst of a pandemic.”
It is also crucial to carry out a thorough risk assessment. Failure to do so or to take any of the steps recommended to address the risk could even potentially lead to a corporate manslaughter prosecution in the event of the death of an employer, if the relevant criteria can be met.
Holly says: “Organisations should look at their own internal policies and make sure they are put into practice regularly, rather than just ‘a policy for show’.
“Comprehensive risk assessments should be carried out and reviewed when further advice or information with regards to Covid-19 is available.”
She adds: “Avoid standardised, box-ticking risk assessments and take this opportunity to really assess where and how you can make changes in the workplace.
“Engaging with employees is essential in that they are the ones that will be doing the jobs you are assessing and they may identify risks in the course of their employment that you may not have considered.
“Review your insurance policies and check whether your cover indemnifies you in the event of legal charges brought against the organisation.
“It is also important to note that directors could still face personal prosecution for gross negligence at common law if there is enough evidence to support this. Therefore, considering
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72
