Unlocking the Lockdown: A focus on Potential Employment and - - PowerPoint PPT Presentation

Unlocking the Lockdown:

A focus on Potential Employment and Regulatory/ Risk Implications for the Food and Drink Sector as Lockdown Measures Unwind and People Head Back to Work 6 May 2020 Presented by Matthew Lewis and Rob Biddlecombe

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Contacts:

Matthew Lewis Partner, Leeds, UK T +44 113 284 7525 Matthew.lewis@squirepb.com Robert Biddlecombe Senior Associate, Birmingham, UK T +44 121 222 3629 Robert.biddlecombe@squirepbcom

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About this Presentation

• Practical legal and HR issues food and drink businesses are likely to

encounter in a slow / phased return process

• Coronavirus job retention scheme/ furlough
• Planning to return to work / potential redundancies
• Coronavirus regulations
• Preparing the building and the workforce and control of access
• Social distancing
• Other safeguards
• Communication

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Coronavirus Job Retention Scheme

• Guidance; 7 iterations since launch on 20 March
• Will now run for 4 months until end June
• Binary process
• HMRC portal opened on 20 April
• HMRC requires employers to retain a copy of this for 5 years
• One in four employees have been furloughed

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Planning to return to work

• 30/45 day redundancy consultation – 30 May/15 May
• CJRS not changed fundamentals of employment law
• Retention of detailed records of planning
• Who comes back when for resuming or ramping up production?
• Flexible return arrangements
• Vulnerable Employees

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Testing

• Necessary to mitigate anxieties of employees?
• Government rolls-out new essential worker online testing portal
• Employee’s duty to cooperate to protect H&S
• Privacy/data protection; necessary and proportionate measure

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Employee Considerations

• Communication is key
• Employees who are fearful of retuning
• Will there be an increase in flexible working requests?
• Childcare responsibilities
• Employees self-isolating or shielding

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Basic Health and Safety Duties

• Duty on employers to ensure so far as reasonably practicable the health and

safety of employees at work and non-employees.

• Duty to reduce the risk as low as reasonably practicable.
• Following Government guidance is evidence of compliance.
• Duty on employees to take reasonable care of their own and co-workers’

health and safety, and to co-operate with employer on health and safety matters.

• Risk assessment is the cornerstone of health and safety management.
• Obtain competent health and safety assistance.
• Provide information on health and safety matters to employees.

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Coronavirus Regulations (1)

• Separate regulations for England, Wales, Scotland and Northern Ireland.
• Similar regulations for England and Wales.
• Restaurants, canteens, cafes, bars and public houses to close during the

emergency period – limited exceptions.

• Closes other businesses inc. gyms, sports courts, soft play areas, etc.

Manufacturing not included on list.

• Food and drink retailers (inc. food markets, supermarkets, convenience stores and

corner shops) not included in list of retail businesses that must close retail premises.

• No-one may leave the place where they live without a reasonable excuse –

including travel for the purposes of work where it is not reasonably possible (England)/practicable (Wales) to work from home.

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Coronavirus Regulations (2)

• But some differences.
• Welsh regulations require that retailers that are permitted to remain open

must take all reasonable measures to ensure that:

• a distance of 2m is maintained between persons on their premises;
• sufficiently small numbers of people are admitted to make it possible to maintain this

distance; and

• a distance of 2m is maintained between people in the queue to enter.
• No specific reference to 2m distance in English regulations – just

Government guidance.

• Also, Welsh regulations limit exercise outside of the house to once a day –

just Government guidance in England.

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Prepare the Building

• Pre-return checks:
• Review existing risk assessments.
• Plant and machinery (especially lifting equipment and pressure systems).
• Legionella.
• HVAC.
• Fire safety.
• Deep clean
• Chemicals and PPE for cleaning staff.
• Instruction and supervision.

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Prepare the Workforce (1)

• Address worker anxiety by proper planning and effective communication.
• Consider phased return of workers.
• Advantages of returning to work.
• Access to colleagues/work tools/resources.
• Social aspect.
• Mental health.
• Advantages of working from home.
• Social distancing.
• Childcare.
• No time lost in commuting.
• Develop a plan.
• Advise safe means of commuting, social distancing and cleaning protocols.

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Prepare the Workforce (2)

• ‘Vulnerable’ workers - how/when will they be phased-back in?
• Do line managers/supervisors know how to recognise symptoms?
• Consider worker testing arrangements.
• Will there be adequate first aid cover?
• Can a task (e.g. lifting) be safely completed if workers are socially

distancing? Re-think SOPs.

• Will there be adequate numbers of trained staff to safely operate or

maintain/repair machinery?

• Will there be adequate supervision and training? Especially for new workers.
• Will there be adequate ‘traditional’ PPE (ear defenders, gilets, etc.)?
• Seek competent H&S advice.

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Control Access

• Control entry points, including deliveries.
• Implement social distancing in entrance and lobby areas.
• Communicate protocols to all visitors.
• Consider plexiglass shields.
• Hand gel, wipes, etc. in reception/access areas
• Consider temperature screening.

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Create Social Distancing Plan (1)

• Government guidance for manufacturing/processing sector.
• If not possible to fully observe social distancing guidance for an activity, consider

whether that activity is necessary for business to continue.

• Staff should work side by side or facing away from each other if possible.
• Cohorting into shift teams.
• Don’t allow staff to congregate.
• Stagger the start/end of shift, and break times.
• Floor markings.
• Signage to remind staff of protocols.
• Redesign working spaces – reduce capacity of rooms, remove chairs, spread

people out.

• Create one-way systems in corridors.
• Monitor and review.

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Create Social Distancing Plan (2)

• Remind workers to only come into work if they are well and no-one in their

household is self-isolating.

• Additional arrangements for ‘vulnerable’ employees?
• Can they travel using only private transport?
• Can they work in isolation?
• Separate handwashing/toilet facilities?
• If someone is displaying symptoms, they must be sent home.

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Reduce Touch Points and Increase Cleaning

• Consider automatic doors or other touchless access and egress.
• Consider no-touch lighting, etc.
• Frequently disinfect frequently-touched surfaces.
• Door handles.
• Taps.
• Switches.
• Remove frequently-touched objects (e.g. whiteboard markers, remote

controls, etc.).

• Hand gel dispenser either side of doors.
• Pop-up handwashing areas.
• Supply hand gel and disinfectant wipes to work stations.

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Communication

• Ensure management is aligned.
• Have ‘champions’ at all levels (board, line managers, supervisors) who can

promote the key policies about social distancing, handwashing, etc.

• Liaise with trades unions, other employee representative groups, H&S

committee.

• Act transparently.
• Seek feedback on arrangements.
• HSE advises that RIDDOR report required when:
• an unintended incident at work has led to someone’s

possible or actual exposure to coronavirus (report as dangerous occurrence);

• a worker has been diagnosed as having COVID-19 and there is reasonable

evidence that it was caused by exposure at work (report as case of disease); or

• a worker dies as a result of a work-related exposure to coronavirus (report as a

fatality).

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Conclusions

• Health and Safety laws continue to apply during coronavirus/COVID-19

emergency and as we end lockdown.

• In addition, Coronavirus Regulations apply.
• Keep up to date on latest Government guidance.
• Develop a plan to end lockdown through consultation and advice.
• Prepare building and workforce.
• Control access.
• Promote social distancing.
• Reduce touch points and increase cleaning.
• Communicate effectively.

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Questions

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