ADVICE & OPINION
COMPLIANCE
MOBILE/TRAVELLING EMPLOYEE
SAFETY AND COVID-19
In association with
As the UK begins to ease its way out of the current COVID-19 lockdown measures
(albeit at different speeds across England, Scotland, Wales and Northern Ireland);
employers may be thinking about asking their employees to begin travelling for
work again (especially those who have a predominately mobile role). www.barbour-ehs.com
This briefing outlines the range of issues that
employers need to consider in developing controls
for employees who are required to travel for work
during the COVID-19 pandemic. It is not intended
to cover how people get to their normal place of
work, i.e. commuting.
OVERARCHING LEGAL REQUIREMENTS
In terms of travelling for work (or business travel);
employers will need to ensure that they are
protecting the safety of their employees and others,
so far as is reasonably practicable, under the general
health and safety obligations of the Health and Safety
at Work etc. Act 1974. Failing to discharge these duties
could result in criminal prosecution of the employer
and in some cases its directors or senior managers.
In addition, if the employer does not take adequate
measures to safeguard employees and an employee
consequentially contracts COVID-19, then a civil claim
could be made against the employer for damages
for the resulting ill health or death of the employee
and those directly a ected such as members of the
employee’s household.
DETERMINING WHETHER EMPLOYEES SHOULD
TRAVEL FOR WORK
Before requiring employees to travel for work,
employers must be able to justify their decision,
and should only consider it as an option where the
activity is considered to be ‘reasonably necessary’
and cannot be completed in some other way. For
example, if customer meetings have been successfully
completed over the past few months remotely, do
they now need to be face-to-face?
Once a decision has been made for business travel
to recommence, employers should include this in
their COVID-Secure risk assessment. Employers must
also be aware of the need to protect employees who
are ‘clinically vulnerable’ and avoid putting them
in situations where they are at increased risk of
contracting COVID-19 – for example, requiring them
to use public transport for work. This also applies
to employees who are shielding people (normally
in their household) who are ‘clinically extremely
vulnerable’. Employees should also be reminded
about the need to self-isolate if they experience any
12 JULY 2020
COVID-19 symptoms.
DRIVING FOR WORK
Firstly, employers should consider whether drivers
need some basic driver awareness/driving skills
refresher training before they get back on the road
(as driving skills can fade a er an extended period
of not using a vehicle). Employers should also check
that vehicle maintenance has been completed where
required and that their insurance cover remains up
to date.
Drivers will need to carefully plan their route,
including any breaks, before setting out – as
traditional routes may have new restrictions. Normal
rest areas may also be closed (or o ering a limited
service), so employees may need to bring their own
food and drink. Drivers also need to ensure that their
vehicles are roadworthy, especially if they have not
been used for an extended period of time.
Employers also need to be mindful that journeys
may take longer than normal and, even where travel
time is not considered part of the normal working
day, the foreseeable e ects of adding driving time
to the period employees need to remain alert and
focused should be considered when scheduling work
activities.
Drivers should expect more pedestrians and cyclists
on the road, especially at peak times of day. Where
possible, drivers should allow other road users to
maintain a suitable social distance, e.g. giving cyclists
space at tra ic lights. Drivers should also limit the
time they spend at garages, petrol stations and
motorway services.
There may also be occasions where employees
who do not normally drive for work are required to
use their personal vehicle for travel. In addition to
measures outlined above, employers must ensure
that licence checks are conducted together with
ensuring that personal vehicle insurance policies
cover employees for business travel or the employer
has an overall insurance policy providing such cover
for use of private vehicles for business travel on behalf
of the organisation.
PANDEMIC CONTROLS AT THIRD PARTY SITES
Before sending employees to third party (i.e.
customer and client) sites, employers need to satisfy
themselves that there are appropriate measures in
place for them to maintain social distancing and
that welfare facilities are suitable and su icient.
Employers should also ask the third party or site
in question to confirm that they have completed a
COVID-Secure risk assessment (and possibly obtain
a copy in advance) and that any control measures
identified have been implemented.
In addition, employers could also investigate
whether their employees can arrive outside of normal
site start/finish times to avoid larger crowds or, if the
site visited has staggered start times, to co-ordinate
arrival times to target the lowest tra ic times. Work
should also be planned with the third party to avoid
as much face-to-face contact as possible. For example,
physical paper records could be replaced with digital
information to reduce means of transferring the virus.
Employers should also provide their employees
with additional hygiene supplies, particularly hand
sanitiser.
For a full guide to Mobile/Travelling Employee
Safety and COVID-19, including:
Public transport, flights and ferries
Taxis and private hire vehicles
Cycling for work
International travel
Overnight stays
Visit https://barbour-ehs.com to register
/www.barbour-ehs.com
/barbour-ehs.com
