UK government publishes guidance on returning to the workplace

On 11 May 2020, the government published its Coronavirus recovery strategy (Our Plan to Rebuild: the UK's Government's COVID-19 recovery strategy) together with eight guides covering a range of different types of workplace. These provide practical guidelines for making workplaces as safe as possible to enable businesses to get back up and running.

There are five key messages underpinning the guidelines:

• employees should work from home if they can;
• employers should carry out Covid-19 risk assessments (in consultation with workers and trade unions);
• social distancing should be maintained in workplaces, wherever possible;
• where it is not possible to maintain social distancing, transmission risk should be managed (i.e. by putting barriers in shared spaces or putting shift patterns in place);
• workplaces should be cleaned more frequently and handwashing facilities or hand sanitisers should be provided at entry and exit points.

One of the eight guides published by the government provides guidelines for working offices and contact centres. We set out below a summary of the key points from this guidance:

Risk Assessment - carry out a risk assessment to address the risks of COVID-19 and identify sensible measures to control the risks in the workplace

• Consult with the health and safety representative selected by a recognised trade union or, if there isn't one, a representative chosen by workers, about the health and safety measures being put in place on their return to the workplace. Employers should act in accordance with the statutory provisions governing consultation requirements.
• Reduce risk to the lowest reasonably practicable level by taking preventative measures, including:
  • more frequent cleaning (especially high-contact objects like handles and keyboards);
  • making every effort to enable working from home as a first option; where this is not possible, workplaces should make every reasonable effort to comply with social distancing guidelines;
• where social distancing is not possible, consider whether the activity needs to continue for the business to operate, and if so, take all mitigating steps to reduce transmission.
• Have particular regard to whether the people doing the work are especially vulnerable to COVID-19.
• Share the risk assessment with staff.

Encourage working from home - employees should continue to be encouraged to work from home, unless their presence in the workplace is required for business or operational continuity, safe facility management, or regulatory requirements and work cannot be performed remotely.

• Plan for the minimum numbers of staff to be on site that can be managed safely.
• Keep in touch with those working from home and monitor their wellbeing.
• Provide equipment for those working remotely.
• Protect vulnerable people and those who need to self-isolate.
• Respect equality in the workplace e.g. ensure the steps taken do not have an unjustifiable negative impact on some groups compared to others, for example, those with caring responsibilities or those with religious commitments.

Social distancing at work - social distancing in the workplace must be maintained wherever possible

The government has published a list of steps which employers should seek to implement to maintain social distancing:

• on arrival and departure from the workplace;
• when moving around buildings and worksites;
• when working from a workstation;
• when carrying out meetings;
• when common areas are used;

Managing customers, visitors and contractors - employers should minimise unnecessary visits to the office and make sure guidance is readily available for visits

• Employers are encouraged to connect remotely where possible.
• Where site visits are required, site guidance on social distancing and hygiene should be explained to visitors on or before arrival so that they understand what they need to do to stay safe.
• Employers should seek to limiting the number of visitors at any one time.
• Visitor times should be limited to a specific time window and access should be restricted to required visitors only.
• Employers should determine if schedules for essential services and contractor visits can be revised to reduce interaction and overlap between people, for example, carrying out services at night.
• A record of all visitors should be maintained, if this is practical.
• Visitor arrangements may need to be revisited to ensure social distancing and hygiene, for example, where visitors may traditionally have physically signed in with the same pen at reception.

Cleaning the workplace - put in place thorough and frequent cleaning arrangements

• The government has published detailed guidance on government expectations around cleaning before re-opening, hygiene in the workplace including toilets, changing rooms and showers, and cleaning procedures for goods and merchandise entering the building.

PPE and protective equipment - face coverings are not encouraged

• The government has confirmed that workplaces should not encourage the precautionary use of extra PPE to protect against COVID-19 outside of clinical settings or when responding to a suspected or confirmed case of COVID-19.
• Wearing a face mask is optional and not required by law. Employers should support their workers in using face coverings safely if they choose to wear one.

Workforce management - change the way that work is organised and minimise work-related travel

• The government has published guidance on shift patterns and working groups to encourage employers to change the way work is organised, to create distinct groups and reduce the number of contacts each employee has. There is also guidance on work-related travel, deliveries, communication and training.

Whilst this Insight focusses on the guidance relevant to offices and contact centres, many businesses operate more than one type of workplace, and so a combination of guides will be relevant.

Links to the full set of guidance are set out below:

1. Construction and other outdoor work Guidance for people who work in or run outdoor working environments.
2. Factories, plants and warehouses Guidance for people who work in or run factories, plants and warehouses.
3. Homes Guidance for people working in, visiting or delivering to other people's homes as well as their employers.
4. Labs and research facilities Guidance for people who work in or run indoor labs and research facilities and similar environments.
5. Offices and contact centres Guidance for people who work in or run offices, contact centres and similar indoor environments.
6. Restaurants offering takeaway or delivery Guidance for people who work in or run restaurants offering takeaway or delivery services.
7. Shops and branches Guidance for people who work in or run shops, branches, stores or similar environments.
8. Vehicles Guidance for people who work in or from vehicles, including couriers, mobile workers, lorry drivers, on-site transit and work vehicles, field forces and similar.

See our Coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.