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HR FOR REOPENING Employers Role to Provide a Safe Place of Work Considerations for business reopening in light of COVID-19 Pandemic Le Legislat gislative ve Ba Backgro ckgroun und EMPLOYER LEGAL EMPLOYEE Responsibilities Obligations


  1. HR FOR REOPENING Employers Role to Provide a Safe Place of Work Considerations for business reopening in light of COVID-19 Pandemic

  2. Le Legislat gislative ve Ba Backgro ckgroun und EMPLOYER LEGAL EMPLOYEE Responsibilities Obligations & Responsibilities Potential Liability Providing a safe, Adhere to work Duty of Care, GDPR & healthy workplace policies Other Considerations

  3. Emplo Employe yer r Obli Obligat gation ons ▪ Safe place to work - risk assessment to identify all risks ▪ Duty to provide reasonable accommodation to more vulnerable employees ▪ Underlying health conditions ▪ Pregnant ▪ Other concerns ▪ Vicarious Liability – obligation to proactively act in the interest of employees ▪ Moral Employer Obligation – to proactively help employees rather than put them at risk

  4. Poli Policy cy Up Updat date Coronavirus Policy Sick Policy – review and amendment Remote working Annual Leave Flexible Working Policies Lay off & redundancy policies

  5. Ma Managing naging Abs bsenc nce Lack of Reluctant Employees Vulnerable Childcare Employees with Vulnerable Employees Relatives

  6. Other Other Con Considerat sideration ons Communication Remote Working Engage with your employees Facilitate for as long as possible frequently and often – be proactive! where appropriate Employee Wellbeing Stress Management Acknowledge this is a stressful Check-in with employees time and provide support regularly, connect online Fáilte Ireland’s Employee Assistance Programme (EAP)

  7. HR FOR REOPENING Meeting the National Return to Work Safely Protocol Requirements

  8. Business Business Respo Respons nse Pla Plan Develop and/or update a COVID-19 Response Plan in advance of returning to work Plan should include: ▪ How to deal with a suspected case of COVID-19. ▪ Controls necessary to address the risks identified

  9. In Indu duct ction on Tr Trai aining ning Employers must provide an induction training for all workers ▪ What a worker should do if they develop symptoms of INCLU LUDE ADVICE VICE AND D GUIDA DANCE ON COVID-19 ▪ How workplace is organised to address the risk from COVID-19 ▪ Outline of the COVID-19 response plan ▪ Identification of points of contact from the employer and the workers ▪ Any other sector specific advice that is relevant. www.hsa.ie www.nsai.ie Useful websites for See the Induction Training www.hse.ie www.gov.ie Employer Updates Checklist on www.hsa.ie

  10. Con Contact act Log Log Ensures the prompt identification and isolation of potentially infectious individuals Employers must: ▪ Keep a log of contact/group work to facilitate contact tracing. ▪ Inform workers and others of the purpose of the log. GDPR – Log should only be used for COVID-19 contract tracing

  11. In Infor forma mation on Disp splay lay for for Emplo Employe yees Signs and symptoms of COVID-19 How to wash hands in appropriate locations Advice on the COVID-19 measures in visible locations to ensure that customers are also adhering to what is required

  12. Risk Risk Ass ssess ssme ment nt Identify practical steps to help eliminate & reduce the risks associated with COVID-19 Employee Flow Customer Flow Identify all potential touchpoints for a Look at all journeys an employee will customer – proactively reduce the risk while take during working hours – identify risks still facilitating the service to be delivered and put measures in place e.g. using door stops to keep doors open * Examples of Preventative Measures “Reasonably Practicable” Consider all appropriate reasonable See examples on Fáilte Ireland measures that you can put in place website – good starting point to then develop and personalise your own *NOTE: Propping doors open could constitute a health and safety risk, so consult your insurance policy before taking these measures.

  13. Key Key Policie Policies to o Rev Review w & & Ame mend nd Coronavirus policy as as requ quired Sick policy Remote working policy Annual Leave policy Flexible Working policy Lay off & Redundancy policy

  14. Retur Return n to o Wo Work rk Form Form Good practice to foster proactive communication about symptoms or potential contacts that may pose a risk Guidelines & advice: ▪ Issue a pre-return to work form for workers to complete at least st 3 days s in advanc nce of the retur urn n to work. ▪ Use in all cases where employees have been out of the business for >5days ▪ Has no symptoms of COVID-19 - to the Form should confirm best of their knowledge that the worker: ▪ Is not self-isolating or awaiting the results of a COVID-19 test

  15. Emp Employee loyee Assistanc ance Pro Progr gram amme me (E (EAP) P) Employers should ensure workers are made aware of and have access to any business provided schemes including: Employee Assistance Programmes Occupational Health Service https://covid19.failteireland.ie/business-supports/employee-wellbeing/

  16. Wo Worke rker r Represe Represent ntat ative ve At least One Lead Worker Representative 1 Ensures COVID-19 measures are strictly adhered to in their place of work. Necessary Training 2 Must be trained and have a structured framework to follow to be effective in preventing the spread of the virus. Regular & meaningful engagement 3 Employers must regularly meet with their worker representative, workers and/or their recognised Trade Union or other representatives (including their Health and Safety Committee where this exists) about the measures being put in place to address COVID-19. See the Worker Representative Checklist on www.hsa.ie

  17. Bre Break aks Employers should organise breaks in such a way as to facilitate maintenance of physical distancing during breaks

  18. PPE PP E – Pe Pers rson onal al Prot Protect ctive ve Eq Equipme uipment ▪ Check the HPSC website regularly for updates regarding use of COVID-19 Risk recommended PPE. ▪ Workers should be trained in the proper use, cleaning, storing and disposal of PPE. ▪ PPE needs to be consistently and properly worn when required, and must be regularly inspected, cleaned, maintained and replaced as necessary. For more details on PPE visit www.hspc.ie

  19. HR FOR REOPENING Changes to Working Hours & Arrangements

  20. Business Business and and HR HR St Strat rategy gy ▪ Once you have reviewed your business strategy you need to align your HR strategy accordingly ▪ You can change your HR strategy as you go along

  21. Emplo Employe yer r Options Options Temporary Reduction in Hours Implementation and Risks Wage Reduction Implementation and Risks Short-time Implementation Lay Off Implementation Lay Off vs Employee Wage Subsidy Scheme

  22. Emplo Employe yer r Options Options Employer must consult with employees Temporary Reduction in Hours Implementation and Risks A reduction in hours that does not meet the short-time requirements, must be negotiated Wage Reduction Implementation and Risks and agreed with employees Guidelines & advice: Short-time Implementation ▪ Be clear what this looks like ▪ Consult with employees – discuss the viability for Lay Off Implementation the business and them as employees ▪ Communicate what is agreed in writing Lay Off vs Employee Wage Subsidy Scheme

  23. Employe Emplo yer r Options Options Temporary Reduction in Hours Employer must consult with employees Implementation and Risks A reduction in wages must be agreed with Wage Reduction Implementation employees. Normally done for period of time and Risks e.g. 20% reduction with a review in 6 months Guidelines & advice: Short-time Implementation ▪ If employee accepts – confirm the agreement in writing Lay Off Implementation ▪ If employees refuses – you can’t enforce it Lay Off vs Employee Wage Subsidy Scheme

  24. Emplo Employe yer r Options Options Reduction in Hours for Full-time Staff Temporary Reduction in Hours Implementation and Risks Wage Reduction Implementation and Risks Short-time Implementation Guidelines & advice: ▪ Consult with employee - identify if there are other alternatives. Lay Off Implementation ▪ Employer can place employee on short-time even if they don’t agree. Lay Off vs Employee Wage Subsidy Scheme

  25. Emplo Employe yer r Options Options No work for certain roles for longer Temporary Reduction in Hours Implementation and Risks period of time Wage Reduction Implementation and Risks Short-time Implementation Lay Off Implementation Lay Off vs Employee Wage Subsidy Scheme

  26. Emplo Employe yer r Options Options Lay Off vs Wage Subsidy Scheme Temporary Reduction in Hours Implementation and Risks ▪ Lay Off – employee is NOT available for work, Wage Reduction Implementation training, etc. and Risks ▪ Wage Subsidy Scheme – employer can get employee to do work, take training, help with Short-time Implementation rosters, etc. Lay Off Implementation Lay Off vs Employee Wage Subsidy Scheme

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