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Easing the lockdown Find Out More It is currently impossible to say when and how the coronavirus lockdown will be eased. However, one Government strategy paper sets out a potential path back to work for those currently unable to do so. Of course, this has not yet been formally adopted and so should be treated with extreme caution, but any inkling as to how things might develop in the future is perhaps useful at this most extraordinary time. The main features of such a policy might be as follows: -Employers would not be forced to maintain social distancing of two metres but encouraged to do so where possible. - Where such social distancing would be impossible, other measures should be introduced such as screens, additional hygiene procedures and use of personal protective equipment. -Employers would also be encouraged to stagger arrival and break times, minimise the use of equipment or office space, and avoid changing worker rotas. -Home working would be encouraged as far as possible as it is already. -Vulnerable workers such as those who are pregnant or over 70 would need to be placed in the ‘safest possible’ places in the workplace. The likely approach of the government seems less one of enforcement but informal guidance. However, the approach of the HSE and local authorities will need to be watched closely. The underlying law of keeping workers and those affected by business activities safe ie doing as much as is reasonably practicable, will not change and employers will need to be very wary, not only of enforcement action, but also potential civil liability. The government approach will also have huge ramifications for the insurance market and employers will need to consider their policies and coverage very carefully. We will keep you updated when we know more……………………… 2020 00 07 Edmund Conybeare https://www.legalstudio.co.uk/Team/Edmund-Conybeare
Coronavirus and Health & Safety Enforcement Find Out More There are certain key updates from the HSE at this unprecedented time: RIDDOR- A report regarding coronavirus need only be made under RIDDOR in the following circumstances: An unintended incident at work has led to someone’s possible or actual exposure to coronavirus. This must be reported as a dangerous occurrence. A worker has been diagnosed as having the virus and there is reasonable evidence that it was caused by exposure at work. This must be reported as a case of disease. Home Working- Many more people are now working from home due to the lockdown. A risk assessment for home working will be required and employers should be aware that they have the same health and safety responsibilities for home workers as any other worker. Road Transport-There are two major health and safety issues relating to coronavirus for this vital industry. Firstly, drivers must have access to welfare facilities and it will not be lawful for customers to deny them access. Secondly, the driver’s hours rules have been temporarily relaxed to ensure key supplies are maintained. More about the latter tomorrow. HSE approach- The HSE has not stopped working. Its staff remain contactable and will continue to engage with stakeholders. It has said that it will take a flexible and proportionate account of the risks of the pandemic. It will suspend some targeted inspection activity, and will keep regulatory activity not requiring site visits as normal as possible. It will continue t investigate work related deaths, the most serious incidents and reported concerns. It will still take action to ensure compliance with the law, and while it will work remotely as much as possible, it will mobilise to site where necessary. First aid cover and qualifications- Adequate first aid cover will still need to be maintained in the workplace. Reduced cover may be appropriate with more workers working from home. Sharing first aid cover with another business is a possibility, and provision has been made for first aid certificate extensions and interrupted first aid training. Much more information is available on HSE and local authority websites. If you are unclear about your health and safety responsibilities at this very difficult time and require advice on any health and safety related issue and/or interpretation of the above, contact Edmund Conybeare on 07739 463571 or at edmund.conybeare@legalstudio.co.uk. 2020 39 08 Edmund Conybeare https://www.legalstudio.co.uk/Team/Edmund-Conybeare
Road transport update - drivers' hours relaxations Find Out More In the current crisis, the government have relaxed the driver’s hours rules in certain circumstances. These rules are in place to protect road safety, safeguard working conditions for drivers, and reduce the risk of drivers being involved in fatigue related accidents. Currently, the EU drivers’ hours rules have been relaxed until the 21st of April 2020 for carriage of goods by road. No further extension has been currently granted and operators should keep a close eye on developments. The following relaxations of the rules are designed to help with the supply of vital goods such as food and medicines during the current outbreak and should be used only where absolutely necessary: EU daily driving limit extended from 9 to 11 hours. Reduction of daily rest requirement from 11 to 9 hours. Lifting the weekly and fortnightly driving limits from 56 and 90 hours respectively, to 60 and 96 hours. Postponement of the requirement to start a weekly rest period from 6 to 7 twenty-four hour periods. Two regular weekly rest periods or a regular and reduced weekly rest period will still be required within a fortnight. Daily breaks of 45 minutes after 4.5 hours driving are extended to the same break after 5.5 hours of driving. Drivers using 2. above can still interrupt their daily rest by up to an hour to embark or disembark from a train or ferry. Relaxations 1. and 4. above cannot be used at the same time. The relaxations are not limited to specific sectors or journeys but be warned, as stated above, their use must be deemed ‘necessary’ in the context of the current outbreak. Tacho charts/printouts must be endorsed by the driver in the usual way applicable to emergencies to explain the reason for exceeding the usual legal limits. And be warned, the DVSA are likely to crack down heavily on operators taking unlawful advantage of these relaxations. All this may seem very technical, and comes from a former DVSA/VOSA prosecutor, but is vital information for transport operators, and offers considerable opportunity for those involved in supply chain management and customers involved in the supply of key goods. We will keep you updated with any changes in the legal position. For further guidance, ring Edmund Conybeare on 07739 463571 or email him at edmund.conybeare@legalstudio.co.uk 2020 39 08 Edmund Conybeare https://www.legalstudio.co.uk/Team/Edmund-Conybeare