On 19th July 2021, England moved to ‘Step Four’ of the roadmap out of the pandemic, with restrictions reduced further. The government’s response to the pandemic is now moving away from stringent restrictions on day-to-day life, in favour of allowing the public to return to some form of ‘normality’, alongside guidance on how to continue to protect themselves and others.
Whilst restrictions are easing and numbers of those who have received both doses of the vaccine are rising, it is clear that the pandemic is not ‘over’ as of 19 July 2021. Under the Health and Safety at Work etc. Act 1974, employers have a general duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and others in the workplace. As a result, it will still be necessary for employers to adequately protect their workforces against COVID-19.
In order to ensure that the existing control measures in place remain reasonable, it will be necessary for employers to conduct a review of their COVID-19 risk assessments. It may be helpful to do this in conjunction with employees, for example carrying out a survey to find out whether employees have any concerns about returning to the workplace if they have not already done so, and take into account any suggestions they may have.
At this stage, there are plans for key protections to remain in place including testing for both symptomatic cases and target asymptomatic testing in education and high risk workplaces; isolation in the event of a positive case or when contacted by NHS Test and Trace; and border quarantine. Whilst it is no longer mandatory, the government expects and recommends that people wear face coverings in crowded areas such as public transport and a number of major retailers have already announced that they would like shoppers to continue to wear face coverings in stores in order to protect the workforce. It is expected that many other businesses will follow suit.
During the review of your risk assessment, it would be helpful to consider whether there are any vulnerable members of the workforce such as those who cannot be vaccinated, and control measures may need to be put in place in respect of those employees. For example, with the requirement to wear a face covering on public transport no longer being mandatory, it may be helpful to stagger the time at which employees are travelling to work so that they are not travelling during peak periods.
In workplaces, the Health and Safety Executive has provided guidance which states that existing workplace controls such as adequate ventilation, sufficient cleaning and good hand hygiene should remain. Accordingly, employers should continue to provide adequate facilities such as hand washing sinks and soap and / or hand sanitiser. The current guidance states that rather than a full return to the workplace, the government expects and recommends a ‘gradual return over summer’.
If you require any assistance or information about how to control the risks relating to COVID-19 in your workplace, please contact a member of the Regulatory team who will be more than willing to assist. Following the launch of Brabners Protect, we are also pleased to be able to offer bespoke assistance combining our legal expertise with leading health and safety consultancy services. Brabners Protect allows us to offer assistance tailored to your business ranging from general support and advice to a root and branch review of the health and safety needs of your business. To find out more, please contact Lachlan Nisbet or Charlotte McRae.
