BACK on the Job – COVID-19 Risk Assessments: what do I need to do?

19 May 2020

The Prime Minister’s announced on 10 May that employees are to go back to work has been followed by Government guidance instructing employers how this is expected to be done whilst the pandemic is ongoing. The overriding message to employers is the need to carry out a COVID-19 risk assessment.

The guidance talks of re-designing workspaces, staggering start times, putting barriers in place to keep employees separated… Employers in the transport industry face unique challenges which are acknowledged in two sets of guidance which can be accessed here:

Working safely during coronavirus (COVID-19)

Coronavirus (COVID-19): safer transport guidance for operators

The headlines from the guidance are:

• Work from home where you can;
• You need a COVID-19 risk assessment;
• The risk assessment must be done in consultation with your workforce;
• It needs to be implemented as soon as possible;
• You are expected to provide a work environment where social distancing takes place;
• Where social distancing isn’t possible, you have to demonstrate that the activity is critical to your business’ continued operation;
• Where the task is critical, implement systems including keeping activity time as short as possible, wash hands frequently, surface clean, keep workers in small fixed groups…

Whilst the guidance provides generic assistance, unfortunately, it doesn’t provide a template risk assessment, leaving employers to draft their own.

Caution needs to be taken when creating any risk assessment, but, in particular, a COVID-19 specific one. What you put in place needs to avoid a conflict with any existing risk assessments and you need to bear in mind equality and discrimination laws. For example, a risk assessment with the best of intentions – designed to protect certain groups that fall within the definition of a “vulnerable person” – may, unintentionally, discriminate against that group.

Employers are left with a tightrope to walk and little to assist them with drafting the risk assessment. To make matters worse, failing to have a suitable and sufficient risk assessment is a criminal offence. To compound matters, the Government have granted the HSE a £14 million cash injection to deal with COVID-19, including enforcement.

To assist employers, Backhouse Jones are providing:

• e-training on 26 May 2020 on how to draft your COVID-19 risk assessment, including providing a model risk assessment from which you can build your own to suit your business needs. Enrol on to our e-training here.

• a COVID-19 Risk Assessment Starter Pack, which, for a fixed fee, provides you with a framework risk assessment for you to develop to your business needs.

• a COVID-19 Risk Assessment Bespoke Service where we work with you to draft a COVID-19 risk assessment specific to your organisation, taking away the guess work. Included in the Bespoke Service is one free place on our e-training session (subject to availability). Price available upon request.

If you have any questions with regard the requirements of the new Government guidance or how to conduct your Covid-19 risk assessment, please contact our Health and Safety team on regulatory@backhouses.co.uk.