In recent weeks, the number of employees returning to office-based roles has increased. However, last week the government updated its advice and workers were once again advised to return to home working, if possible. This has left many businesses confused and frustrated that some resemblance of ‘normality’ has once again been removed. In this article we explore the need to adapt to the government’s guidance and ensure that employees feel safe at work during the pandemic.
Upon returning to the office, many staff will have noticed changes to their office environment in order to make it ‘COVID-secure’ with the introduction of measures such as one-way systems, hand sanitiser points and reconfigurations of desks.
In April of this year, the Health and Safety Executive (HSE) created a platform to allow employees to raise concerns about their workplaces specifically in relation to the pandemic, for instance if their employer had refused to allow them to work from home or if no social distancing was taking place.
Between 9 March and 29 June, the HSE received 7,784 reports of COVID-related concerns in workplaces across the country via this new platform. Since then, nearly 4,000 spot checks have been carried out in workplaces across the country. Of those spot checks, 295 were second follow up visits to check that recommendations made around measures such as cleaning and social distancing were being followed. The HSE found that all but 41 visits were compliant and those non-compliant business were subjected to further investigation.
Possibly the most high-profile office inspection carried out by the HSE took place at the Department for Work and Pensions (DWP) office in Leeds. A whistle-blower who had been working from home reported that he was concerned about returning to work as he had heard “stories about people congregating, not following outlaid guidance” and he commented that “the office was busy pre-COVID. I don’t know where everyone would operate from in normal times let along in a virus outbreak”.
The HSE carried out their inspection of the office on 27 August and photographs were taken, including one which showed employees standing closely together and not observing social distancing guidance. A report was prepared by the HSE following an inspection which highlighted the following issues:
- A line manager gave instruction to a group of staff to group around a desk, with staff not practising social distancing;
- Walkways and stairwells had been designated as two-way travel, despite the fact they were only approximately one metre wide;
- Small tables, “breakout pods” and benches were not sufficiently labelled as unsafe to use.
The HSE sent a Notice of Contravention to the DWP who had until 15 September to remedy the issues found in the report. As a result of the regulator identifying material breaches during the inspection, the DWP will also be required to pay the HSE’s Fees For Intervention, which are charged at an hourly rate, based on the time spent by the inspector. The current hourly rate stands at £157 and it covers the inspector’s time at your business or workplace, preparing reports, obtaining specialist advice, talking to you after the visit and interviewing any workers.
This case serves as a stark reminder that businesses must make certain that they have taken all reasonable steps to ensure the health, safety and welfare of their employees and make them feel that the workplace is a safe environment. It is also necessary to enforce the measures in place, for example ensuring that one-way systems are followed and dispersing groups, as failure to do so can result in employees exercising their right to complain directly to the Regulator.
If you require any advice following contact or an inspection visit from the HSE or general advice on how to make your workplace COVID-secure, please do not hesitate to contact Lachlan Nisbet or Charlotte McRae.
