Unlocking the Lockdown: A focus on Potential Employment and - PowerPoint PPT Presentation

Unlocking the Lockdown: A focus on Potential Employment and Regulatory/ Risk Implications for the Food and Drink Sector as Lockdown Measures Unwind and People Head Back to Work 6 May 2020 Presented by Matthew Lewis and Rob Biddlecombe

Contacts: Matthew Lewis Partner, Leeds, UK T +44 113 284 7525 Matthew.lewis@squirepb.com Robert Biddlecombe Senior Associate, Birmingham, UK T +44 121 222 3629 Robert.biddlecombe@squirepbcom squirepattonboggs.com 2

About this Presentation  Practical legal and HR issues food and drink businesses are likely to encounter in a slow / phased return process  Coronavirus job retention scheme/ furlough  Planning to return to work / potential redundancies  Coronavirus regulations  Preparing the building and the workforce and control of access  Social distancing  Other safeguards  Communication squirepattonboggs.com 3

Coronavirus Job Retention Scheme  Guidance; 7 iterations since launch on 20 March  Will now run for 4 months until end June  Binary process  HMRC portal opened on 20 April  HMRC requires employers to retain a copy of this for 5 years  One in four employees have been furloughed squirepattonboggs.com 4

Planning to return to work  30/45 day redundancy consultation – 30 May/15 May  CJRS not changed fundamentals of employment law  Retention of detailed records of planning  Who comes back when for resuming or ramping up production?  Flexible return arrangements  Vulnerable Employees squirepattonboggs.com 5

Testing  Necessary to mitigate anxieties of employees?  Government rolls-out new essential worker online testing portal  Employee’s duty to cooperate to protect H&S  Privacy/data protection; necessary and proportionate measure squirepattonboggs.com 6

Employee Considerations  Communication is key  Employees who are fearful of retuning  Will there be an increase in flexible working requests?  Childcare responsibilities  Employees self-isolating or shielding squirepattonboggs.com 7

Basic Health and Safety Duties  Duty on employers to ensure so far as reasonably practicable the health and safety of employees at work and non-employees.  Duty to reduce the risk as low as reasonably practicable.  Following Government guidance is evidence of compliance.  Duty on employees to take reasonable care of their own and co-workers’ health and safety, and to co-operate with employer on health and safety matters.  Risk assessment is the cornerstone of health and safety management.  Obtain competent health and safety assistance.  Provide information on health and safety matters to employees. squirepattonboggs.com 8

Coronavirus Regulations (1)  Separate regulations for England, Wales, Scotland and Northern Ireland.  Similar regulations for England and Wales.  Restaurants, canteens, cafes, bars and public houses to close during the emergency period – limited exceptions.  Closes other businesses inc. gyms, sports courts, soft play areas, etc. Manufacturing not included on list.  Food and drink retailers (inc. food markets, supermarkets, convenience stores and corner shops) not included in list of retail businesses that must close retail premises.  No-one may leave the place where they live without a reasonable excuse – including travel for the purposes of work where it is not reasonably possible (England)/practicable (Wales) to work from home. squirepattonboggs.com 9

Coronavirus Regulations (2)  But some differences.  Welsh regulations require that retailers that are permitted to remain open must take all reasonable measures to ensure that:  a distance of 2m is maintained between persons on their premises;  sufficiently small numbers of people are admitted to make it possible to maintain this distance; and  a distance of 2m is maintained between people in the queue to enter.  No specific reference to 2m distance in English regulations – just Government guidance.  Also, Welsh regulations limit exercise outside of the house to once a day – just Government guidance in England. squirepattonboggs.com 10

Prepare the Building  Pre-return checks:  Review existing risk assessments.  Plant and machinery (especially lifting equipment and pressure systems).  Legionella.  HVAC.  Fire safety.  Deep clean  Chemicals and PPE for cleaning staff.  Instruction and supervision. squirepattonboggs.com 11

Prepare the Workforce (1)  Address worker anxiety by proper planning and effective communication.  Consider phased return of workers.  Advantages of returning to work.  Access to colleagues/work tools/resources.  Social aspect.  Mental health.  Advantages of working from home.  Social distancing.  Childcare.  No time lost in commuting.  Develop a plan.  Advise safe means of commuting, social distancing and cleaning protocols. squirepattonboggs.com 12

Prepare the Workforce (2)  ‘Vulnerable’ workers - how/when will they be phased-back in?  Do line managers/supervisors know how to recognise symptoms?  Consider worker testing arrangements.  Will there be adequate first aid cover?  Can a task (e.g. lifting) be safely completed if workers are socially distancing? Re-think SOPs.  Will there be adequate numbers of trained staff to safely operate or maintain/repair machinery?  Will there be adequate supervision and training? Especially for new workers.  Will there be adequate ‘traditional’ PPE (ear defenders, gilets, etc.)?  Seek competent H&S advice. squirepattonboggs.com 13

Control Access  Control entry points, including deliveries.  Implement social distancing in entrance and lobby areas.  Communicate protocols to all visitors.  Consider plexiglass shields.  Hand gel, wipes, etc. in reception/access areas  Consider temperature screening. squirepattonboggs.com 14

Create Social Distancing Plan (1)  Government guidance for manufacturing/processing sector.  If not possible to fully observe social distancing guidance for an activity, consider whether that activity is necessary for business to continue.  Staff should work side by side or facing away from each other if possible.  Cohorting into shift teams.  Don’t allow staff to congregate.  Stagger the start/end of shift, and break times.  Floor markings.  Signage to remind staff of protocols.  Redesign working spaces – reduce capacity of rooms, remove chairs, spread people out.  Create one-way systems in corridors.  Monitor and review. squirepattonboggs.com 15

Create Social Distancing Plan (2)  Remind workers to only come into work if they are well and no-one in their household is self-isolating.  Additional arrangements for ‘vulnerable’ employees?  Can they travel using only private transport?  Can they work in isolation?  Separate handwashing/toilet facilities?  If someone is displaying symptoms, they must be sent home. squirepattonboggs.com 16

Reduce Touch Points and Increase Cleaning  Consider automatic doors or other touchless access and egress.  Consider no-touch lighting, etc.  Frequently disinfect frequently-touched surfaces.  Door handles.  Taps.  Switches.  Remove frequently-touched objects (e.g. whiteboard markers, remote controls, etc.).  Hand gel dispenser either side of doors.  Pop-up handwashing areas.  Supply hand gel and disinfectant wipes to work stations. squirepattonboggs.com 17

Communication  Ensure management is aligned.  Have ‘champions’ at all levels (board, line managers, supervisors) who can promote the key policies about social distancing, handwashing, etc.  Liaise with trades unions, other employee representative groups, H&S committee.  Act transparently.  Seek feedback on arrangements.  HSE advises that RIDDOR report required when:  an unintended incident at work has led to someone’s possible or actual exposure to coronavirus (report as dangerous occurrence);  a worker has been diagnosed as having COVID-19 and there is reasonable evidence that it was caused by exposure at work (report as case of disease); or  a worker dies as a result of a work-related exposure to coronavirus (report as a fatality). squirepattonboggs.com 18

Conclusions  Health and Safety laws continue to apply during coronavirus/COVID-19 emergency and as we end lockdown.  In addition, Coronavirus Regulations apply.  Keep up to date on latest Government guidance.  Develop a plan to end lockdown through consultation and advice.  Prepare building and workforce.  Control access.  Promote social distancing.  Reduce touch points and increase cleaning.  Communicate effectively. squirepattonboggs.com 19

Questions squirepattonboggs.com 20

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