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In this section you'll find information and updates related to coronavirus that are relevant to the law on health and safety.
The UK's response to coronavirus is changing regularly and often very quickly. While we'll continue to make every effort to keep this page up to date, there may be short periods where what you read here is not the latest information available. Where possible we've tried to provide links to official sources, so you can check the current situation.
The UK government has published a set of guiding principles for people to follow when outside their own home to keep themselves and others as safe as possible. There are similar guides for people in Wales, Scotland and Northern Ireland.
As an employer you should be aware of these principles and restrictions, so you can make it possible for your workers to adhere to them. For example, by:
You're legally responsible for the health and safety of all your staff, whether they're employees, workers or self-employed contractors. This means you must reduce workplace risk of contracting COVID-19 to the lowest reasonably possible level by taking preventive measures.
You may be held liable should your workers or members of the public entering your business, such as customers or contract-workers, contract COVID-19 and it can be traced to your workplace (which is possible if, for example, you experience an outbreak). This could happen if you've:
You could even be held liable for further infections in their household.
You could also be investigated and prosecuted by the Health and Safety Executive – and that applies even where there's no infection, if you're found not to be following safe guidelines.
The UK government has published sector-specific guides on working safely amid coronarvirus.
These guides cover a range of different workspaces. The full PDF versions (available in each guide under Download this guidance) contain a tick list of potential actions you might need to take. There is also a poster that you'll be expected to display in the workplace to show you've complied.
This guidance will help you to carry out a coronavirus risk assessment to prepare the workplace to be as safe as possible.
There is similar sector guidance for businesses in Scotland, Wales (see under 'Your responsibilities as an employer: coronavirus) and Northern Ireland.
See also the HSE and HSENI websites for general information and advice.
Complying with the government guidance will not absolve you of liability – you'll need to show that you've carried out a risk assessment that adequately considers the impact of staff returning, and that you've carried out all of the actions arising from it.
The HSE gives advice on the steps to follow when doing a COVID-19 risk assessment. It points out that you'll need to:
Examples of what to include in your risk assessment are also available from the HSE and HSENI
Both the Scottish government and Welsh government have published coronavirus-specific risk assessment tools.
Although you only have to record your risk assessment in writing if you have 5 or more employees, creating supporting documentary evidence of how you've conducted the assessment will be useful if you're investigated by the HSE or subject to any claim.
The risk assessment should be shared and discussed directly with your staff unless you recognise any trade unions, in which case it should be shared and discussed with them instead.
There are 2 sets of regulations that set out how you must consult with your staff and any trade union. Which one you need to comply with depends on whether you recognise a trade union and have appointed trade union representatives.
You can find out which law applies to you by using the HSE flowchart. Once you know which applies, you can read the HSE guidance on how to consult and involve your employees and their representatives on health and safety matters in a way that complies with these regulations.
Failing to follow the regulations is a criminal offence and HSE inspectors may take enforcement action where you can't show that you've complied with it.
A possible agenda for the discussion of the COVID-19 risk assessment with your staff or the trade union could look like this:
Take care not to let COVID-19 distract you from other safety considerations. In particular, don't implement unsafe coronavirus solutions – e.g. redistributing work in ways that could lead to stress or physical injury from overwork; or having staff work alone at unsafe locations or times of day.
All employers with over 50 members of staff are expected to publish the risk assessment on their website.
Use a building plan of your workplace to help you if you can't carry out the assessment in person.
Homeworking remains a key method of controlling the spread of coronavirus.
You have the same health and safety duties to staff when they're at home as you do when they are in the workplace, though they must take reasonable care of their own health and safety. Remind them to take breaks and not overwork or do anything that may risk their health and safety.
It's particularly important at this time to consider and monitor their mental health.
If working from home is jeopardising their health or safety in some way (e.g. it's having a serious impact on their mental wellbeing), you could give them the option of returning to the workplace if it will help – provided you've followed the government guidance (see above).
See our Homeworking section for more.
Don't forget that homeworking staff also need risk assessments. Ordinarily, you'd visit them at home to do this, but that's not practical in the current situation. You could ask them to assess themselves by sending them a questionnaire about their workplace – look at their answers and tell them what action to take (if any).
These should be reviewed if their circumstances change (e.g. if they move home, change the room they work in, or you give them new equipment).
In many places and environments, including in different workplace business premises throughout the UK, face coverings are mandatory and enforced by law.
A face covering is a protective fabric that covers your nose and mouth. The type of covering isn't set by law and therefore it can be a scarf, religious face covering or any other type of fabric, as long as it is positioned securely to cover the nose and mouth. A three-layer face covering is recommended by the World Health Organization.
The exact rules differ depending on which part of the UK you're in. As an employer, you should take note of these rules, in case your business is one of those requiring the mandatory wearing of face coverings. In these cases you'll have to ensure that your staff comply and that you inform the general public entering your workplace.
Staff who are exempt from wearing a face covering (e.g. for health reasons) don't have to wear one, but you should consider alternative safety measures in these cases.
England
Face coverings must be worn by those who are working in areas that are open to the public and who are likely to come into contact with a member of the public. This includes the retail, leisure and hospitality sectors. However, this doesn't apply if staff are separated from the public by appropriate physical barriers (e.g screens).
In other workplace setting you have to assess the need for face coverings on the basis of what protection measures are already in place to prevent the spead of the virus.
Wales
Staff must wear face coverings if they work in an indoor area that's open to the public. In other indoor areas, you'll need to assess whether wearing a face covering is a reasonable measure to help reduce the risk of infection (it's likely be if, for example, physical distancing can't be maintained).
Staff separated from the public by appropriate physical barriers (e.g screens) don't need to wear face coverings, unless they are in close proximity to other staff members.
Scotland
Staff must wear face coverings in all public spaces where social distancing can't always be adhered to. Indoor places where face coverings have to be warn include any premises where goods or services are sold to or hired by the public. It's expected that anyone in control of business premises should bring the obligation of wearing a face mask to the attention of any people entering.
Staff must also wear face coverings in all indoor communal areas of all workplaces – e.g. stairs, lifts, corridors, staff/break rooms, kitchens. There is an exception to this if you've put measures in place that either keep staff at least 2 metres apart, or physically separate them via some sort of partition.
Northern Ireland
Face coverings are mandatory by law in 'relevant' places. The category of 'relevant' places are ever expanding and includes shops, shopping centres, airports, government buildings, banks, public transport, restaurants, cafés, pubs, etc.
Remember, you're legally required to provide adequate toilet and washing facilities. This includes:
Individuals with disabilities must be able to easily access the facilities.
If possible, provide extra handwashing stations around the workplace.
You must make a report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations when:
See RIDDOR reporting of COVID-19 for more.
Acas have published guidance to help employers and employees manage mental health during the pandemic. It covers issues related to homeworking, anxiety around attending the workplace and being furloughed.
It suggests that employers may want to consider appointing a mental health champion or setting up a mental health support group. Workplace counselling and 'wellness action plans' are other suggestions.
You should keep in regular contact with your staff and try to create an environment where individuals feel able to be open and honest about how they are feeling.
See our Coronavirus (COVID-19) Employment section to find out about handling staff who refuse to return to work for fear of contracting COVID-19.
It's a good idea to create a coronavirus action plan around health and safety for your workplace.
1. Select someone to be responsible for monitoring the situation and reporting to management with regular updates. Consider signing up to receive updates by email or RSS feeds.
2. Conduct a risk assessment and monitor the risks posed by COVID-19 to anyone. For example, if situations can't be avoided where staff may be in close proximity (less than 2 metres) to others, ensure that additional protection is used such as face coverings. Remember that individuals at particular risk include those:
3. Ensure any control measures identified by the risk assessment comply with government advice (particularly around social distancing). Take steps to reduce the risk to vulnerable staff identified by the risk assessment.
4. Regularly pass on updates to staff and give them guidance on issues like:
5. Ban all non-essential business travel.
6. Ensure managers know how to spot possible symptoms of COVID-19 and are clear on any relevant processes, such as sickness reporting and sick pay.
7. Decide what steps you'll take if a staff member infected with COVID-19 attends the workplace. You should:
8. Increase the frequency and extent of cleaning in the workplace. Focus on shared areas and areas that may not often be cleaned, like doors and chair handles, light switches, keyboards and mice, telephones, desks and worktops, photocopiers and bannisters.
9. Try to maintain supplies of soap, cleaning products, disinfectants and cleaning materials.
10. Give staff access to tissues and hand sanitiser gel, wipes or sprays containing more than 60% alcohol. Try to maintain supplies.
11. Keep records of the number of staff who have:
For data protection reasons, don't collect more data than you need and use appropriate measures to safeguard it.
12. Ensure staff contact and emergency contact details are up to date.
13. Display COVID-19 information in the workplace and visitor areas.
14. Advise visitors to follow your guidance on preventative measures.