The Government has published guidance to assist those who are returning to work following the announcement this week of the COVID-19 recovery strategy. The guidance is split into eight categories covering separate workplace settings, and it is expected that these will be added to as other sectors gradually reopen.

The documents contain non-statutory guidance to assist both employers and employees in managing the return to work. It is important to note that the principles they set out do not replace or supersede existing obligations such as the statutory duties imposed by Health and Safety legislation and by regulations, equality legislation or an employer’s common law duty of care to its employees.

General principles

The guidance is underpinned by the following key principles:

1. Employees should continue to work from home wherever possible.
2. Employers should undertake a COVID-19 risk assessment in consultation with workers and trade unions.
3. Maintain 2 metres social distancing wherever possible.
4. If not possible, manage transmission risk.
5. Reinforce cleaning processes.

Steps which apply to all workplaces

Where employees cannot work from home, in order to achieve a so-called “Covid secure” workplace, employers should work through the steps below to reduce the risk of transmission:

• In every workplace, increase the frequency of handwashing and surface cleaning.
• Make every reasonable effort to keep people 2 metres apart wherever possible.
• Where the social distancing guidelines cannot be followed in full in relation to a particular activity, businesses should consider whether that activity needs to continue for the business to operate, and if so, take all the mitigating actions possible to reduce the risk of transmission between their staff.
  • Keeping the activity time involved as short as possible.
  • Using screens or barriers to separate people from each other.
  • Using back-to-back or side-to-side working (rather than face-to-face) whenever possible.
  • Reducing the number of people each person has contact with by using ‘fixed teams or partnering’ (so each person works with only a few others).
  • Finally, if people must work face-to-face for a sustained period with more than a small group of fixed partners, then you will need to assess whether the activity can safely go ahead.

PPE

The guidance states that when managing the risk of COVID-19, additional PPE beyond what a worker would usually wear is not beneficial with the exception of clinical settings, such as a hospital.  It is not necessary, therefore, for a housing sector employer to provide PPE to staff routinely. Although, there may be certain circumstances when it is appropriate, for example when visiting the home of someone who is clinically extremely vulnerable, or where a member of the household is displaying COVID-19 symptoms. Wearing a face covering is optional and employers should remind employees that should they chose to wear one, they will have to adhere to the usual rules regarding hand washing and social distancing.

Vulnerable staff

If staff who are clinically vulnerable (that is 70 or over, under 70 but with an underlying health condition, or pregnant) cannot work from home, they should be offered the option of the safest available on-site roles, enabling them to stay 2m away from others. As for any workplace risk, employers must take into account specific duties to those with protected characteristics.

Staff members who are clinically extremely vulnerable (that is those who have received a letter from Public Health England confirming that they are high risk and are shielding) have been advised not to work outside the home. Employers will need to consider what work they can offer to these individuals. This may involve a change in their usual duties or some wider reorganisation. It will be important to engage with these employees and with all affected staff in order to carry out any changes.

The guidance makes clear that employers need to comply with the Equality Act in their approach to staffing during the COVID-19 pandemic. For example, employers should be aware of the risks of both direct and indirect discrimination claims where they take decisions whereby those with a protected characteristic suffer less favourable treatment. Current evidence suggests that those from a BAME background are more likely to be badly affected by COVID-19, and this could lead to indirect discrimination claims from BAME staff going forward. Employers will also need to continue to comply with the duty to make reasonable adjustments for disabled employees.

Risk assessments and consultation

Employers have an existing statutory duty to carry out health and safety risk assessments and to reduce workplace risks to the lowest reasonably practicable level and these duties will continue to apply to the return to work. There is a statutory duty to consult about health and safety with either the representative from a recognised trade union or, in workplaces where there is no recognised trade union, someone who has been nominated by the workers.

The guidance requires employers to carry out a Covid-19 specific risk assessment in consultation with workers and trade unions. Risk assessments by employers with over 50 workers are expected to be published on the employer’s website.

Home repairs and visiting homes

During the pandemic, RPs have generally been maintaining basic and necessary levels of care and support to their residents, and continuing to deliver emergency repairs and essential checks. They will, however, be keen to tackle a growing backlog of routine repairs and slightly less critical safety checks. The easing of restrictions will help to deliver that, so long as the steps in the guidance are followed.  Where a tenant is self-isolating, however, because they have COVID-19 symptoms or where they have been told to shield because they are clinically extremely vulnerable, the guidance states that a worker should not enter that person’s home, unless it is to remedy a direct risk to the safety of the household. RPs will therefore need to consider on a case by case basis whether the work is to remedy such a risk. If so, it may be appropriate to consider additional health and safety measures such as providing the worker with PPE.

If an employee is required to enter a household with a vulnerable individual, steps should be taken to avoid face to face contact.  It is recommended that calls are made prior to the visit to arrange how this will be achieved.

The guidance suggests the following points which will be particularly relevant for RPs.

• Using a fixed pairing system if people have to work in close proximity. For example, during two-person assembly or maintenance.
• Communicating with households prior to and on arrival, to ensure the household understands the social distancing and hygiene measures that should be followed once work has commenced.
• Asking a householder to keep doors open to avoid unnecessary touching of door handles.
• Identifying and avoiding those areas of the home that have the highest traffic.
• Frequent cleaning of objects and surfaces that are touched regularly, using the employer’s usual cleaning products.
• Taking breaks outside the home.
• Arranging methods of safely disposing waste with the householder.
• Removing all waste and belongings from the work area at the end of a shift and at the end of a job.
• If handwashing facilities are not accessible, workers should carry hand sanitiser.

Materials and handling

The following measures should also be taken in relation to materials and supplies:

• Ensuring social distancing and hygiene measures are followed when supplies or tools are needed to be delivered to a home, for example, building supplies.
• Collecting materials in bulk to reduce the frequency of needing to visit shops to buy or collect materials.
• Identifying areas where people need to hand things to each other (such as shared tools and domestic appliances) and finding ways to remove direct contact, for example, by using drop-off points or transfer zones.

Key guidance

For the housing sector, the following two documents will be of relevance:

Working safely during COVID-19 in other people’s homes

Guidance for people who work in or run outdoor working environments

What to take away

The guidance makes clear that no one is obliged to work in an unsafe work environment. Whilst it sets out a number of practical steps, it does not have legal effect, nor does it change the existing legal position, which is that employers must provide a safe place of work for employees. Legislation provides statutory protection for employees who reasonably believe there to be serious and imminent danger and who refuse to undertake duties or attend the workplace as a result. What is reasonable will depend on the facts in each case.  As with many workforce issues which have resulted from the pandemic, the recommended approach is engagement and consultation with a view to seeking agreement.  As the guidance states:

“the people who do the work are often the best people to understand the risks in the workplace and will have a view on how to work safely. Involving them in making decisions shows that you take their health and safety seriously”.

Employers in the housing sector will need to ensure that homes are as safe as possible, putting in place the recommendations in the guidance to minimise risk to both tenants and staff.

How can Capsticks help?

Capsticks’ national housing team provides a truly full-service, from development and regeneration to housing management and also workforce issues. With experts keeping a finger on the pulse of any new sector guidance, our experienced team provide advice across all areas of housing governance, employment, contracts and procurement, helping you to get the best from your people and partners.

If you have any queries around what's discussed in this article, and the impact on your organisation, please speak to Nicola Green, Sarah Parkinson or any of your contacts at Capsticks, to find out more about how we can help.