Under Ireland's 'roadmap for reopening society and business', restrictions will be eased on a phased basis, beginning on 18 May. The government recently announced that there will be four, rather than five as originally announced, separate phases to the roadmap, each spaced three weeks apart. Under the new plans, restrictions will largely end on 20 July, although the government will clarify this shortly.
Employers should be planning how they will manage the return to work phase when the restrictions are lifted for their business. They will need to put in place measures for a gradual and phased return to the workplace, with social distancing measures remaining in place.
The government implemented phase two of the roadmap on 8 June, and is now advising:
A 'Return to Work Safely Protocol' has been prepared to assist employers in implementing measures to protect their employees. The protocol is a live document which will be updated regularly, and should be used by all employers to adapt their workplace procedures and practices to comply with the Covid-19 related public health protection measures identified as necessary by Ireland's Health Service Executive (HSE).
Employers should use the protocol in conjunction with sector specific guidance, such as the Covid-19 Retail Protection and Improvement Guide (44-page / 2.6MB PDF) for those working in the retail sector.
Employers should keep in mind that rushing a return to work without the correct safeguards in place may risk a resurgence of Covid-19. They should therefore be cautious about making long-term commitments to employees and make clear that any return to work measures will continue to be reviewed and adapted in accordance with evolving government guidance.
The protocol advises that, in preparation for returning to work, employers should:
Employers should keep in mind that rushing a return to work without the correct safeguards in place may risk a resurgence of Covid-19. They should therefore be cautious about making long-term commitments to employees and make clear that any return to work measures will continue to be reviewed and adapted in accordance with evolving government guidance.
The protocol also provides that employers should enable "vulnerable" workers to work from home where possible, although the term is not defined. If a vulnerable worker must be in the workplace, employers must ensure that they are preferentially supported to maintain a physical distance of two metres.
Employers are further advised that "non-essential" office work should continue to be carried out at home where practical and a working from home policy should be developed.
Ireland's Health and Safety Authority (HSA) will oversee compliance with the protocol in the workplace. HSA inspectors will visit the workplace and advise on any shortcomings through a Report of Inspection, which is left with the employer at the end of the visit and can include timelines and follow-ups needed. The inspectors also have the power to serve an Improvement Notice, a legal directive from an inspector requiring that certain improvements be carried out in a specified time-frame, or a Prohibition Notice, a legal instruction directing that a specified work activity be stopped.
Ultimately, if a business doesn’t cooperate and comply with the public health guidelines after being asked to make improvements, the HSA can order them to shut down the workplace. The HSA has reported that, up to 28 May, it had conducted 1,000 inspections in the first 10 days following the implementation of phase 1 of the roadmap.
The HSA has published checklists and templates to help employers, business owners and managers to get their businesses up and running again, and to inform workers about what they need to do to help prevent the spread of Covid-19 in the workplace. They should be read in conjunction with the Return to Work Safety Protocol.
Employers in Ireland have a number of legal duties under health and safety law, including:
As a result, protecting the health and safety of employees and others in the workplace as they return to work will be paramount for employers.
Employers, in conjunction with the Return to Work Safely Protocol, should:
Facility owners also have duties under the 2005 Safety, Health and Welfare at Work Act if they are to reopen their buildings. These include:
These are broadly similar to the duties that apply to facility owners in the UK under the 1974 Health and Safety at Work Act.
A risk assessment of the premises should be conducted. People entering the workplace are a significant risk and consideration must be placed on what hygiene facilities will be made available and how social distancing can be maintained. Special consideration should also be placed on those who are 'high risk' or less abled. Accommodations may need to be made so that only these individuals use the lifts and all other staff use the stairs, or a one-person per lift rule could be implemented. The facility owner should also put in place a system in which it can co-ordinate its actions and share information between tenants in different parts of the building and if necessary inform the tenants of any risks to their safety, health and welfare.
A greater level of duty arises where the facility owner is more active in managing the premises, for example serviced offices. In that case, the facility owner should take advice from a competent health and safety professional on how to manage risks within the premises.
If it becomes necessary to close the premises, official advice should be followed and a cooperative approach adopted. Facility owners should bear in mind that health and safety inspectors have powers to prohibit access to premises, for example if their continued use poses a risk of serious personal injury
Co-written by Jason McMenamin of Pinsent Masons, the law firm behind Out-Law.