FOCUS HEALTH & SAFETY
LAWFUL EMPLOYMENT
The Government announcement
in early May of a ‘conditional
plan ’ to ease the national lockdown
and for a phased return to work
has encouraged many businesses
to accelerate their own plans to reopen
as soon as possible. However,
the COVID-19 pandemic continues,
and avoiding the risk of a ‘second
spike’ in the rate of infections is
central to Government planning.
Against this background, what legal
issues should facilities managers
be considering as we prepare to
emerge from lockdown?
HEALTH AND SAFETY LAW
STILL APPLIES
Despite the pandemic, the basic
principles of health and safety
law in the UK continue to apply. In
particular, employers remain under
a duty to ensure, so far as reasonably
practicable, the health and safety
of employees and others (such as
contractors and members of the
public) who may be a ected by their
undertaking. This includes a duty
to reduce the risk from COVID-19 as
low as reasonably practicable. In
addition, a suitable and su icient
assessment of risks (including those
posed by COVID-19) by an employer
still underpins health and safety
management.
Following Government guidance
represents basic evidence that an
employer is discharging these duties.
40 JUNE 2020
However, the guidance is frequently
being updated as we learn more
about the risks from COVID-19. It is
important, therefore, for facilities
managers to keep up to date with the
latest guidance and adapt their health
and safety arrangements to reflect the
current position. By retaining copies
of the various iterations of guidance
in force during the pandemic, an
employer should find it easier to
demonstrate that its arrangements at
a particular time were consistent with
the guidance that then applied.
There are, of course, reciprocal
duties on employees who must
take reasonable care of their own
health and safety and that of their
co-workers, and also co-operate with
employers in relation to health and
safety matters. Tackling the risk from
COVID-19 is, therefore, a collaborative
e ort on the part of employers and
employees.
GET YOUR FACILITIES READY
What arrangements need to be made
to bring facilities safely back into use?
If there is any plant and machinery
(for example, heating, ventilation and
air conditioning systems) which has
been idle or infrequently used during
lockdown, you should consider having
it inspected by an engineer before
restoring it to full use. In particular,
for any li ing equipment or pressure
systems, you should check whether
they are now overdue thorough
examination and testing. If the water
system within a building has not been
used for a while, a legionella test
may be prudent, particularly in older
buildings. The fire detection systems
should also be tested to confirm they
remain operational.
Some facilities may be considering
a ‘deep clean’ before re-opening. If so,
they should ensure that cleaning sta
are properly supervised to ensure that
the cleaning is carried out safely and
e ectively, and any necessary PPE
is made available for those handling
powerful detergents or bleaches.
READYING YOUR WORKFORCE
It should be remembered that the
Government’s guidance is still that
workers should work from home
unless they cannot do so. Therefore,
for the foreseeable future, many in the
workforce (including o ice workers)
will continue to do so.
Nevertheless, when the time comes
for them to return to work, many
employees will, understandably, be
anxious at the prospect. Employers
are under a legal duty to share
details of their risk assessment with
employees. However, by e ectively
communicating the measures that
they are taking to counter COVID-19
in their facilities, employers should
be able to reassure their workers that
the risk is being reduced as low as
reasonably practicable. For example,
policies and procedures regarding
the need for regular and thorough
handwashing, the provision and use
of PPE, disinfecting of frequentlytouched
surfaces, and controlling
access by visitors should be clearly
conveyed and repeated.
If workers who fall within the
Government’s definition of being
“clinically vulnerable ” are due
to return to work, the employer
should consider what additional
arrangements can be made to protect
them specifically. Workers who fall
within the category of being “clinically
extremely vulnerable” should
continue to shield themselves at
home and not return to work.
Employers should plan so that, as
part of any phased return to work,
standard activities can be carried
out safely. For example, employees
with safety-critical roles (for example,
supervisors or first-aiders) should be
reintroduced to the workplace early
enough to protect the rest of the
workforce.
Whilst there is already a statutory
duty to consult with employees,
employers should seek to bring
them “on board” with their approach
by engaging with them as soon as
possible, behaving transparently
and acting on feedback where
appropriate.
CONTINUING SOCIAL DISTANCING
Social distancing in facilities may
prove to be a major challenge and
employers must be creative in
developing solutions. Employers
are being encouraged to arrange
employees so that they work sideby
side or facing away from each
other, group them into small cohorts,
and stagger the start and end of the
working day to avoid bottlenecking.
Redesign of the workplace to allow for
two metre gaps between workstations
and one-way corridors should also
be considered. Employees must be
discouraged from congregating in
communal areas, such as kitchen and
canteen areas.
The significance of health and safety
leadership is widely acknowledged.
Given the challenges businesses
face, leadership will also be key to
addressing COVID-19. As you prepare
to open up your facilities, it will be
important for there to be ‘champions’
at all levels of the business (from the
boardroom to the shop floor) who
lead by example in following policy
and procedure and will challenge
poor practice.
Rob Biddlecombe, Environmental, Safety & Health Practice, Squire Patton Boggs
explains the legal obligations for FMs in ensuring employees’ safe return to work