4 April 2022
On 1 April 2022 the UK Health Security Agency published new guidance for employers in England, replacing the previous “Working safely” guidance notes (no longer available). As set out in the Government’s Living with Covid plan (see our blog post here), Reducing the spread of respiratory infections, including COVID-19, in the workplace sets out how Covid-19 is now to be treated in the same way as flu and other respiratory infections. The guidance advises that employers:
- be aware of the possible symptoms of respiratory infections (a list is provided) and “may wish to consider how best to support and enable” any member of staff with such symptoms to follow the relevant guidance for people with symptoms “as far as possible”. That guidance advises that:
- individuals who have symptoms (but have not tested for Covid-19) should try to stay at home and avoid contact with other people if and while they have a high temperature or feel unwell; this includes trying to work from home if possible and, if not, individuals are advised to “talk to your employer about options available to you”. The same advice is given to individuals who have tested positive for Covid-19 without symptoms, for 5 days after the day of the test;
- individuals who have tested positive or have symptoms but who have to leave their home should take extra precautions, including wearing a well-fitting face covering made with multiple layers or a surgical face mask and avoiding crowded enclosed spaces;
- household or overnight contacts of someone who has tested positive (but who do not have symptoms) are not advised to work from home, but are advised to avoid contact with the extremely vulnerable and to limit close contact with other people, especially in crowded, enclosed or poorly ventilated spaces;
- take action to reduce the spread of respiratory infections, by encouraging and enabling vaccination, ensuring good ventilation (see HSE guidance here), cleaning, and promoting and applying these measures “more vigorously” if there is an outbreak in the workplace;
- may wish to consider the needs of employees at greater risk from Covid-19. (At the time of writing the guidance for these individuals was still the 24 February version and advises them to work from home “if this feels right” for them and, if this is not possible, to speak to their employer about what arrangements can be made to reduce their risk);
- may choose to continue to explicitly cover Covid-19 in their health and safety risk assessments even though this is no longer a requirement (save for employers working with Covid-19). Employers should continue to comply with the statutory requirements for cleaning, ventilation and welfare facilities to control occupational health and safety risks, and their duty to consult with their employees or their representatives on health and safety matters. Health and Safety Executive guidance on how to keep people safe and healthy at work is available here.
Similar advice is given in the new guidance for individuals, Living safely with respiratory infections, including COVID-19.
Employers will now need to determine and communicate their policy on testing, attending work and sick leave/pay for individuals who test positive, or who have symptoms of respiratory infection but are not too ill to work, and either wish to work or to self-isolate, as well as for household contacts of positive cases. They will also need to decide what Covid-safe measures should be kept in place and give particular consideration to staff at higher risk of serious illness, for example due to a weakened immune system, or who live with someone at higher risk. As before, the use and retention of any health or vaccination data will need to comply with data protection laws. Please do get in touch with your usual HSF contact if you would like to discuss these issues further.
For further information, please contact:
Anna Henderson, Professional Support Consultant, Herbert Smith Freehills
anna.henderson@hsf.com
