What responsibilities do businesses have?

The lifting of COVID restrictions does not signal a return to pre-COVID conditions. In fact far from it. It remains Government ‘guidance’ that people who have tested positive or have symptoms should self-isolate – but failure to do so will no longer be a criminal offence. This blurring of the lines puts the onus, now more than ever before, on businesses to meet their health and safety obligations.

Businesses have always been under a legal duty to provide a safe workplace for employees and visitors. Identification and management of risks is essential, and requires proactive thought for safety, accounting for what is known or ought to be known – and that includes keeping abreast of changes.

What steps should businesses take?

Risk assessments are a central element. As well as being a tool to protect people, they can also help businesses to avoid or reduce potential liabilities.

To account for COVID, all businesses should have reviewed their risk assessments throughout the pandemic, at the outset and as circumstances changed and more was known. Records should be retained. The HSE has been asking to see them when conducting inspections.

They should be reviewed again as restrictions are lifted. COVID is a continuing risk, and businesses must develop and adapt measures specific to their operations, considering:

• Where is transmission most likely?
• How else has the pandemic exposed employees to risk?
• Who is at risk and to what extent (including the clinically vulnerable and pregnant)?  
• What can be done to manage the risk?

Are there other measures to take into consideration?

Despite the legal relaxation, businesses are allowed to continue with any of the following physical measures:

•  Ventilation, screening and social distancing  Sanitation facilities and additional cleaning
•  Keeping those with COVID-19 (or symptoms) away from work
•  Requiring face coverings, particularly in enclosed or crowded spaces  Working from home where necessary and possible

To protect people and ensure business continuity, employees can be prevented from attending work if they have COVID or symptoms, but if they are well enough to work and cannot work from home they are entitled to be paid. Asking employees to test themselves may be a compromise. In either case, free testing and SSP rebates will cease from 1 April.

It is also important to reflect upon mental wellbeing. COVID has been an unprecedented challenge for many of us. Returning to work might for some result in increased anxiety, and that too must be considered.

Engaging and communicating with employees is key. It is especially important that if measures are changed or relaxed, the rationale for doing so is properly recorded. The reasons for doing nothing are often as important as the reasons for taking action.