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The Government has introduced important social distancing measures for all types of businesses to consider in order to minimise the risk of transmission in the workplace. The Government has been clear that it is vital that all employers follow this guidance, which is clinically led and based on expert advice.
The Government has stated that vulnerable people who are at increased risk of severe illness from coronavirus (COVID-19) need to be particularly stringent in following social distancing measures. Additionally, the government guidance sets out that members of staff who are vulnerable or extremely vulnerable, as well as individuals whom they live with, should be supported by their employers as they follow the required social distancing and shielding measures. Employers should help these individuals work from home if possible.
If clinically vulnerable people cannot work from home, they should be offered the safest available on-site roles, staying 2m away from others wherever possible. If they have to spend time within 2m of other people, employers need to carefully assess whether this involves an acceptable level of risk.
If a business is not operating in line with the government guidance, there is a role for the relevant health and safety enforcing authority – the Health and Safety Executive (HSE) or a Local Authority. Where the enforcing authority identifies employers who are not taking action to comply with the relevant public health legislation and guidance to control public health risks – for example, employers not taking appropriate action to socially distance or ensure workers in the shielded category can follow the NHS advice to self-isolate for the period specified – the enforcing authority will consider taking a range of actions to improve control of workplace risks. These actions include the provision of specific advice to employers through to issuing enforcement notices to help secure improvements with the guidance.