Covid-19: Business

Statement

The following Statement was made yesterday in the House of Commons.

“I would like to update the House on the Government’s new Covid-19-secure workplace guidance. On 23 March, the Government announced lockdown measures and required certain businesses and venues to close. Our message to workers was that if you can work from home, you should work from home, and millions did. At the same time, the Government provided guidance on how those who could not do their work from home could continue to operate as safely as possible in workplaces that were not required to be closed. I want to thank the many workers in distribution centres, supermarkets, transport, construction and manufacturing across the country who have been playing their part in keeping Britain moving. I hope that the whole House recognises the constructive spirit in which employers have worked with their workers to follow this guidance.

The Prime Minister yesterday set out steps to beat the virus and restart the economy, so that we can protect jobs, restore people’s livelihoods and fund the country’s vital public services. To support this, we have published new Covid-19-secure guidelines, available to UK employers across eight settings that are allowed to be open, from outdoor environments and construction sites to factories and takeaways. This also includes guidance for shops that we believe may be in a position to begin a phased reopening, at the earliest, from 1 June. The Government have consulted approximately 250 stakeholders in preparing the guidance. It has been developed with input from firms, unions, industry bodies and the devolved Administrations. We have worked with Public Health England and the Health and Safety Executive to develop best practice on the safest ways of working across the economy.

As we return to work, the Government want to give employers and workers confidence that their workplaces will be safe for them to return to, because we recognise that this is an anxious time for many. We recognise that workers want to know that their employer has taken every step to ensure a safe workplace, and we recognise that employers who take steps to keep workers safe want to know that they are doing the right thing. I believe that we have reached a consensus in doing that, and I am encouraged that businesses, representative groups, workers and trade unions can get behind this guidance.

The guidance has five key points at its heart. First, people should work from home if they can. Employers should continue to take all reasonable steps to help people work from home. For those who cannot work from home and whose workplace has not been told to close, our message is clear: they should go to work. Staff should speak to their employer about when their workplace will open.

Secondly, social distancing should be maintained in the workplace wherever possible. Employers should redesign workspaces to maintain 2-metre distances between people, stagger start times, create one-way walk-throughs, open more entrances and exits, or change seating layouts in break rooms. Thirdly, where people cannot be 2 metres apart, the transmission risk should be managed. Employers should ensure that every step is taken to reduce the risk when people cannot maintain 2-metre distancing. This can include putting up barriers or screens in shared spaces, creating fixed teams of partnering to minimise the number of people in contact with one another, or keeping the activity time involved as short as possible.

Fourthly, cleaning processes should be reinforced in line with the guidance. Employers should frequently clean work areas and equipment between uses to reduce transmission, provide hand sanitiser and washing stations, and pay attention to high-contact objects like workstations, door handles and keyboards.

Fifthly, a Covid-19 risk assessment must be carried out, in consultation with workers or trade unions. In line with the current health and safety law, all employers must carry out a Covid-19 risk assessment. They should identify risks that Covid-19 creates and use the guidance published to take measures to mitigate these risks. Employers should share the results of their risk assessment with their workforce. A downloadable notice is included in the documents that employers should display in their workplaces to show their employees, customers and other visitors that they have followed the guidance. They should also consider publishing the results on their website, and we expect all employers with over 50 workers to do so.

The aim of this approach is for employers to create a collaborative working environment, building confidence and trust between employers and workers. I think the House will recognise that this is already the case across the UK, because the UK has a proud record as a leader in health and safety in the workplace. Our guidance operates within current health and safety, employment and equalities legislation, which is some of the strongest in the world, and we will continue with this approach. We will work closely with the Health and Safety Executive, which has the resources it needs to meet current demand, but of course we want to ensure that this remains the case during the Covid-19 pandemic as people return to work. So the Government are making up to an extra £14 million available for the HSE, equivalent to a 10% increase in its budget. This extra money will provide resource for additional call centre staff, inspectors and equipment if needed. In many cases, this will meet the demands of employers and employees who would like further information on how to ensure that workplaces are safe. For the extremely small minority of businesses that do not follow the rules, the HSE and local authorities will not hesitate in using their powers, including enforcement notices, to secure improvements.

The measures I have set out in respect of social distancing and cleaning are the best ways to manage the risk of transmitting Covid-19. Based on the scientific evidence, the use of PPE in the workplace is not recommended by the Government except in clinical settings and a handful of other roles stipulated by Public Health England. Of course, if a worker currently uses PPE to protect against other hazards, such as dust in an industrial setting, they must continue to use it. Workers have the option to use face coverings, which are simple cloth coverings. There are some circumstances in which wearing a face covering may be marginally beneficial as a precautionary measure. The evidence suggests that wearing a face covering does not protect you but may protect others if you are infected but have not developed symptoms. Wearing a face covering is not required by law in the workplace. If workers do choose to wear one, they should follow the workplace guidance on how to use it.

We have been guided by the scientific advice in establishing this position. Today, we provide a framework for how employers can keep workers safe in the workplace. This additional support and clarity, combined with more resource for the HSE, can give employers and workers the confidence they need to return to work safely. As we reopen new sectors of the economy, we will continue our collaborative approach when providing guidance for additional workplaces, meaning that we can provide a clear and safe route back to work for millions. I commend this Statement to the House.”

The Statement was considered in a Virtual Proceeding via video call.

My Lords, we do not underestimate the challenges of lifting the lockdown that has been in place since 23 March 2020. It is in all our interests for it to happen safely and we recognise that there are difficult decisions confronting the Government and the businesses that have to adapt to these unprecedented circumstances.

We are pleased to note that the Government have talked widely to stakeholders, unions, industry bodies and the devolved Administrations about their plans for the removal of the lockdown. I hope that this commitment to solidarity in what has often been a contested area of public life is a harbinger of a commitment to work together on all aspects of industrial life, not just what is required to beat this pandemic.

I have three main questions for the Minister. First, surely the acid test for the five-point plan, across the eight workplace settings identified in the Statement, is whether ordinary working people who cannot work from home will have sufficient protection when they commute to and from their workplace, and in the workplace itself, from the measures announced yesterday. The Statement says:

“First, people should work from home if they can … For those who cannot work from home and whose workplace has not been told to close, our message is clear: they should go to work.”

What have the Government put in place for those who have followed this instruction and returned to work? Can the Minister confirm that there is to be no new legislation for this? Absent that, existing statute and common law means that employers have a duty to assess the risk of workers being exposed to Covid-19 and to implement ways of reducing that risk. In practice, we are told that this will require changes in working practices—screens, barriers, floor markings, signage, hand sanitisers, face masks and potentially a whole range of other interventions. In larger companies the outcome of this assessment has to be shared with employees, although there may well be a case for making this mandatory for all but the smallest premises.

I thank the Minister for repeating the Statement, and I wholeheartedly thank his department for adding a considerable degree of clarity to the shambles that we were treated to on Sunday. In bagging the “Countryfile” slot last weekend, the Prime Minister may have notched up high ratings, but did the Government really want 27 million people to witness him waffling on about non-specifics? For people to return to work requires confidence. Employees need to know that their employer is doing the right thing, and businesses need to know what they must do to keep employees safe. The Government, particularly the Prime Minister, set the foundations for that confidence. As one businessperson said to me this week, the way this has been sprung on people is ridiculous and shows no understanding of or regard for safety at work.

When these guidelines were published, they were very helpful, and the Statement notes that they have been broadly welcomed by the working world. However, the phasing should have included the drafting process and time for companies to start risk assessments and consult their staff and workers. Only then should the Government have announced a return to work.

I turn to some specifics. The noble Lord, Lord Stevenson, has ably approached the important issue of employee rights, and I endorse his comments. To avoid duplication, I shall probe the position of employers more deeply. Quite rightly, the guidance does not supersede any current legal obligations relating to employers’ health and safety practices. However, it is clear that coronavirus exposes businesses to additional risk beyond their experience. As the guidance states, each business will need to translate the guidelines into specific actions that it will need to take, and there are a great many variables. What is the formal process for checking that a business has translated the guidelines correctly? What constitutes an acceptable risk assessment? Should it be conducted in house or always by an independent third party? For example, can a business request an HSE audit to validate its approach? If it does, who would pay for it? In short, what constitutes sufficient due diligence?

I thank both noble Lords for their questions, of which there were a number. I will endeavour to answer as many as possible.

On return to work, reducing pressure on the transport system is one reason we are encouraging everyone to work from home if they can. Where this is not possible, we are encouraging people to avoid rush hour to help maintain social distancing. We are also encouraging people to walk and cycle where they can and have recently announced a £250 million emergency active travel fund, the first stage of a £2 billion investment.

The noble Lord, Lord Stevenson, asked about the new legislation. I can confirm that the guidance is non-statutory and does not change the obligations relating to health and safety, employment or equalities. Currently, employers have a duty under UK law to protect the health and safety of their workers and other people who might be affected by their business. This includes considering the risks that Covid-19 represents. Currently open businesses should review their risk assessments in line with the new guidance and introduce any additional measures they consider reasonably practicable to mitigate the identified effects of the new virus.

On non-compliance, where the HSE identifies employers who are not taking action to comply with the relevant legislation and guidance that control public health risks, it can consider a range of enforcement actions. Health and safety legislation is enforced by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland and local authorities. If the enforcing authority finds that an employer is not taking action to properly manage workplace risks, a range of actions are open to it, including offering specific advice and issuing enforcement notices. An enforcement notice is a legal document that requires an employer to take action as required, creates a legally binding requirement and can ultimately lead to prosecution.