What can I ask of staff? COVID-19 requirements for your employees.

For safety is not a gadget but a state of mind.” – Eleanor Everet

The past year has seen the pandemic bring the UK to a standstill, with every aspect of life changing. The perimeters of both work and social contact have changed numerous times and with the roll-out of vaccinations making its way across the population, many employees and employers are being left with a lot of questions.

Can employers insist on staff being vaccinated? Can they be made to conduct lateral flow tests? When and where must they wear a mask whilst working?

We are here to explore where your employees stand in relation to COVID-19. We walk you through the differences between what aspects are requirements by law and which are just sensible to have within the workplace.

What Can A Workplace Enforce Staff To Do?

By law businesses have obligations which are required to be followed by all staff. This is referred to as ensuring your business is ‘Covid-Secure’.

The requirements expected of employees (and businesses) varies based on different types of work. Gov.uk have issued 14 guides which walk businesses through how to keep their employees safe, based on their industry type.

Can you make staff wear a face covering?

Gov.uk have detailed guidance on when to wear a face covering. 

Many areas require a face covering be worn, by law. Employers must remind all staff in any indoor space to wear a face covering. For most workplaces, it is mandatory to wear a mask in indoor settings, although this is gradually being lifted.

The Government detail some instances where people may not be able to wear a face covering, those which can be applicable to employees are:

• ‘people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability
• where putting on, wearing or removing a face covering will cause you severe distress
• if you are speaking to or providing assistance to someone who relies on lip reading, clear sound or facial expressions to communicate
• to avoid harm or injury, or the risk of harm or injury, to yourself or others ‒ including if it would negatively impact on your ability to exercise or participate in a strenuous activity
• police officers and other emergency workers, given that this may interfere with their ability to serve the public’

If an employee feels more comfortable wearing a mask in instances where others are not required to, they should not at any stage be discouraged.

There are some instances where individuals can be asked to remove a face covering. Some of these include for identification purposes, assessing health recommendations or in a bank/building society or post office environment.

A staff member has a disability, what can I ask of them?

Employers are required to make ‘reasonable adjustments’ for staff with disabilities when completing their COVID-19 risk assessment. If COVID-19 affects your staff members ability to carry out their work, it is important you engage with them to discuss these aspects and arrange suitable adaptations.

There are exemption cards available for face masks if staff have an age, health, or disability reason. These cards are not required by law but may make some employees feel more comfortable when around others who are wearing masks.

Can I make staff wash their hands frequently?

Hand washing is considered a ‘priority action to take’ under gov.uk guidance. Businesses are being told to ‘ask your staff and your customers to use hand sanitiser and wash their hands frequently’. The Centers for Disease Control and Prevention (CDC) guidelines state to scrub your hands for 20 seconds.

Relayed timed intervals for handwashing has been implemented by many organisations. For example, certain restaurants require staff members to wash their hands once every twenty minutes. There is an expectation for this to be adhered to by all staff.

Regardless of businesses requests, employees should be consistent with washing their hands and avoid touching their eyes, nose, and mouth. Hand washing is an important part of health and safety culture in a workplace in general, regardless of COVID-19. Encouraging good hygiene practices will help to reduce the spread of many other illnesses too.  

Do staff have to socially distance in the workplace?

Workplaces are being asked to ‘make sure everyone is social distancing’. If 2m social distancing is not possible within a particular working practice, additional control measures have been advised, these can be found here.

When working in teams, employers are asked to ‘keep workers in the same team as far as possible to limit social interaction’. They are also advised to keep these teams as small as possible.

I need my staff need to return and they want to know about ventilation. Where do I stand?

Businesses by law are required to provide adequate ventilation, this describes supplying fresh air to any enclosed space where people are present. If this cannot be achieved through natural ventilation (windows, doors and vents) it should be able to be achieved via mechanical ventilation and is a must. If this is not being done, staff can request this be implemented before returning.

Can and employee attend work if they have been told to self-isolate?

No employer must knowingly require and/or encourage someone required to self-isolate to come to work. ‘Any employer asking a worker to break self-isolation to work is committing an offence’.

Can I make staff take Lateral Flow Tests and have their temperature taken?

In jobs such as the NHS, teaching and construction, workers are required to undertake an LFT twice weekly to ensure they are healthy and able to work around potentially vulnerable people.

Some places of work may not insist this be done, however if an employee is experiencing symptoms of the virus, it is integral that they take a test and isolate at home until results are negative. It is up to a workplaces discretion as to whether they would like to encourage lateral flow testing within the workplace.

Likewise, it isn’t mandatory for temperature checks to take place within a workplace but is used in many industries. Some workplaces require a temperature check to be completed on entry to the work building.

Can I require an employee be vaccinated?

It is worth noting that it would be illegal to force an employee back into the workplace if they had not had both jabs.

It is not a legal requirement to have a vaccination. Some people are actively choosing not to, and you cannot enforce your employees to have the vaccination.

That is why it is essential to ensure you as a business have other health and safety rules in place as a priority.

Employers should prioritise the health of their team.

England is currently transitioning out of lockdown and back into work. In the coming months, it is likely changes to health and safety requirements within the workplace will fluctuate, where new rules may be implemented, and current ones lifted. It is imperative you communicate with your employees and keep up to date with government advice to ensure the safety of your workforce.

We understand COVID-19 health and safety requirements can be difficult to get your head around. Clive is here to help, get in touch for support and guidance today.