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Published 12 January 2021
A third national lockdown in England is in force from 6th January, in response to the sharp rise in daily confirmed cases of coronavirus (COVID-19). Separate restrictions apply in Scotland, Wales and in Northern Ireland. The new measures (in England) will expire on 31st March and are subject to regular review. They include a stay at home order, with limited “essential reasons” for leaving home. These include leaving home for work for those who cannot reasonably work from home, or to provide voluntary or charitable services. The stay at home order is enforceable by Fixed Penalty Notices issued by the police where people leave home without a “reasonable excuse”.
In this article we look at the implications of these increased restrictions for employers.
On 4th January the government published detailed guidance explaining the new rules; there is additional guidance for people who are clinically extremely vulnerable to coronavirus and households with a possible or confirmed coronavirus infection.
The government’s advice has not changed significantly for employers who have been following guidance on COVID- secure workplaces since the first lockdown. The GOV.UK guides on different workplaces (including construction, factories and offices) still apply and are updated to reflect any new restrictions. However, in view of the worsening situation nationally, employers’ should review and where necessary update their existing risk assessments (including individual assessments for any vulnerable employees and those from higher risk groups) to ensure that they take account of the latest government guidance and any relevant sector guidance as a minimum. If the employer decides not to implement any further changes then the reasons for this should be recorded. Employers must ensure that the procedures they have in place are followed.
Throughout the pandemic we have helped our clients to interpret the various guidance and to find solutions to keep their businesses running. Unfortunately the need for COVID controls is likely to continue for some time, even with a vaccine programme in place. Vaccination is not compulsory and will not offer total immunity. Employers cannot rely on it as a control measure when planning for the future, although it may be a relevant factor in the return to work risk assessments. Employers will be wary about collecting data on who has been vaccinated.
Before the current lockdown the HSE and local authorities (for areas they regulate) were increasingly active in carrying out spot checks and inspections on workplaces. They were also responding to complaints by employees where employers were not enforcing COVID-secure measures and were taking enforcement action in some cases. While the current lockdown may have an impact on the HSE’s capacity to carry out proactive inspections, they will respond to RIDDOR notifications and complaints.
DACB has also been advising clients on the restrictions imposed by the devolved administrations in Scotland, Wales and Northern Ireland, and in the Republic of Ireland. Please contact any member of the regulatory team if you require detailed advice.
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