RETURN-TO-OFFICE GUIDANCE FOR EMPLOYEES & BUSINESSES
SAFER SPACES AUTUMN 2021
WHAT’S INSIDE n Carry out a Risk Assessment for your staff and customers n Increase how often you clean surfaces, especially those that are touched a lot. n Keep all your workers, contractors and visitors up-to-date on how you’re using and updating safety measures
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VENTILATION
YOUR 6 PRIORITY ACTION POINTS
Steps you should take
WHAT YOUR BUSINESS NEEDS TO DO TO PROTECT STAFF AND CUSTOMERS
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Complete a health and safety risk assessment that includes risks from COVID-19. This should consider the points below in the rest of this guidance. It should also take into account any reasonable adjustments needed for staff and customers with disabilities. You should share your risk assessment with your staff. You can find more information in the section on risk assessments and HSE guidance. There is additional advice for event organisers in the section on event planning. Turn people with COVID-19 symptoms away. Staff members or customers who have symptoms of COVID-19 (a new, persistent cough; a high temperature; or loses/has changes to their sense of taste or smell) should self-isolate and take a PCR test, even if these symptoms are mild. Provide adequate ventilation. You should make sure there is a supply of fresh air to enclosed spaces where there are people present. This can be natural ventilation through windows, doors and vents, mechanical ventilation using fans and ducts, or a combination of both. You should identify any poorly ventilated spaces in your premises and consider steps you can take to improve fresh air flow in these areas. In some places, a CO2 monitor can help identify if the space is poorly ventilated. Heritage locations should take into account the preservation of the building or artefacts displayed. You can find more information in the on section on ventilation and the HSE guidance on ventilation
and air conditioning during the COVID-19 pandemic. Clean more often. Increase how often you clean surfaces, especially those that are touched a lot. Heritage locations should ensure cleaning materials and schedules are appropriate for historic surfaces and materials. You should ask your staff and customers to use hand sanitiser and clean their hands frequently, and provide them with advice to promote good hygiene. You can find more information in the section on managing your facility or event setting. Enable people to check in at your venue. You are no longer legally required to collect contact details, however doing so will help to support NHS Test and Trace to reduce the spread of the virus. You can enable people to check in by providing an NHS QR code poster, though you do not have to ask customers to check in or turn them away if they refuse. If you display an NHS QR code, you should also have a system to collect (and securely store) names and contact details for those who ask to check in but do not have the app. You can find more information in the section on reducing risk to customers.
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Communicate and train. Keep all your workers, contractors and visitors up-to-date on how you’re using and updating safety measures. Source: www.gov.uk/guidance Last updated August 18, 2021
n Opening doors, windows and air vents where possible, to improve natural ventilation. You should take particular care to keep toilets and shower facilities well-ventilated, as these can be areas of higher risk. Open doors, windows and air vents where possible, and ensure extractor fans work effectively. n If using mechanical ventilation, ensuring that your systems are set to maximise fresh air and minimise air recirculation. Maximising the amount of fresh or cleaned air the system draws in will help prevent the spread of COVID-19. n Heritage locations should take care to increase ventilation in a way which does not endanger historic items. Doors and windows can be propped open if they do not cause an environmental, collection, safety, fire or security risk. n Identifying any poorly ventilated spaces and taking steps to improve fresh air flow in these areas. The priority for your risk assessment is to identify areas of your workplace that are usually occupied, and poorly ventilated. You should prioritise these areas for improvement to reduce the risk of aerosol transmission. A CO2 monitor could help you assess whether a space is poorly ventilated, and if you should use additional mechanical ventilation or open windows (see the box below for further information on CO2 monitors). If you can’t improve ventilation in poorly ventilated spaces, consider whether it is safer to restrict the number of people in these spaces or stop using them if possible. n Encouraging the use of outside space where practical, in particular for higher-risk activity such as exercise or when people are singing or raising their voices.
RISK ASSESSMENT As an employer, by law you must protect workers and others (including contractors, volunteers and customers/users) from risks to their health and safety. This includes risks from COVID-19. COVID-19 is a workplace hazard. You should manage it in the same way as other workplace hazards. Failure to carry out a suitable risk assessment, and put in place control measures to manage the risk of COVID-19 at work may be a breach of health and safety law. Visit hse.gov.uk/coronavirus/ working-safely/risk-assessment.htm
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Re-opening the workplace safely Managing the health and wellbeing of a team or office can be a big task, so when it comes to managing it for an entire building with multiple companies, where do you start? We sat down with Lauren Pearce of Ashdown Phillips, Building Manager at One Colmore Square to see how they have adapted since restrictions lifted, managing the various requirements of their tenants
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The team at One Colmore Square has worked throughout lockdown, ensuring the needs of its tenants have been met at every turn. When we say the team, we mean the collective that is the landlord (Oval Real Estate), the managing agents (Ashdown Phillips) and crucially our service partners. At the start of the first lockdown, safety precautions were implemented within the reception area and the rest of the building. Screens were erected around the reception desk; one-way systems were introduced to minimise queueing at key points and lifts were limited to work bubbles. While
Government guidance has been that restrictions can now be lifted, One Colmore Square also engaged with tenants to see what measures they would like in place, if any. As a result, Ashdown Phillips implemented its Front Door to Desk Journey, to reassure tenants about coming back to the building. The journey begins at the main entrance with an automatic door that is cleaned regularly throughout the day. Hand sanitiser stations are located immediately when you enter the building, prior to being greeted by the welcoming reception team.
During lockdown Queue barriers were positioned 2m away from the desk with a Perspex screen, however these have since been removed. Face covering is now discretionary, with clear signage positioned throughout the area, providing advice on social distancing. There are two clear paths to reach each office destination; lift or stairs. The capacity of the lift cars has been reduced to a maximum of two people at any one time. All call buttons and in car surfaces are cleaned every three hours. Lift lobby areas are cleaned on a continuous cycle through the workday and no less than four times a day. During busier periods, the team advises tenants to use the stairs to prevent people waiting in the lobby, however this isn’t an issue as many do this already to get their step count in! All push plates and door handles are cleaned on a continuous cycle throughout the working day and no less than four times a day, which will increase as the occupancy of the building does. There is advisory signage throughout the stairwell and people are asked to stay to the left-hand side when ascending or descending. Upon reaching their floor, many of the tenants then implement their own policies in their offices. Some have asked staff to wear face coverings when moving around the office, while others stated it is personal choice. Creating and maintaining a safe environment is a top priority for both Oval and the team at One Colmore Square and one they are
‘Ashdown Phillips implemented its Front Door to Desk Journey, to re-assure tenants about coming back to the building’
COMING TO AND LEAVING WORK Reducing the risk of spreading COVID-19 by reducing the number of people workers come into contact with: From Step 4, social distancing guidance no longer applies and there are no limits on social contact between people from different households. COVID-19 can still be spread through social contact. You can mitigate this risk by reducing the number of people your workers come into contact with. Examples of ways to do this include: n Reducing the number of people each person has contact with by using ‘fixed teams or partnering’ or ‘cohorting’ (so each person works with only a few others)
fully aware that will change over time. As well as listening to Government guidance, they also listen to their tenants to ensure they are happy with the provisions put in place. This open conversation means not only is the building a safe and secure environment, but also that it remains open and welcoming to those that visit and work there.
n Reviewing layouts, using screens or barriers to separate people from each other, or using back-to-back or side-to-side working, instead of face-to-face (screens are only likely to be beneficial if placed between people who will come into close proximity with each other) Pictured: One Colmore Square office spaces and reception, left
n You should take account of those with protected characteristics and discuss with disabled workers what reasonable adjustments can be made to the workplace so they can work safely. Source: www.gov.uk/guidance
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‘We’ve committed to maintaining Wednesday as a work from home day forever’ Rachel Roberts of spottydog Communications talks about the benefits of a safe, managed return to the office At spottydog communications we began taking our first steps back into the office in May. We registered as a COVID secure workplace, asked the team to COVID test twice weekly and worked on a rota so everyone could safely be in the office for at least two days each week. We made this move not because we didn’t trust the team to work remotely, but because we’re a team that works best when we collaborate and our culture is one of the strongest reasons why people are attracted being part of the spottydog team. Safety is a priority, but our steps back to the office were hugely driven by the welfare and mental health benefits a collaborative working environment brings. It’s been a really successful decision, and given us the chance to build confidence, test the safety and social distancing steps we’ve put in place, and get used to being back in the office. We’ve encouraged our team to adapt their commute to minimise public transport use and vary their start and finish patterns to avoid busy times. We’ve committed to maintaining Wednesday as a work from home day forever, so we’ll always spend a little less time commuting than we’ve experienced in the past and can organise our work accordingly. As organisations now consider how they can operate Covid safe spaces we wanted to share how we have successfully re-engaged our team. There won’t be a textbook solution to this challenge – every organisation is different and whilst there is lots to be gained from working flexibly, there is an awful lot that will be lost if businesses can’t bring their people back to the workplace willingly.
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Best approach for you and your team The remaining COVID restrictions have been lifted. As employers bring their workforce back into the workplace, there is a lot to think about in terms of vaccinations, testing and health and safety, explains Eileen Schofield, Principal Solicitor, Schofield & Associates Employment Lawyers WHAT IS THE BEST APPROACH FOR AN EMPLOYER TO TAKE WITH THEIR WORKERS AND ENSURING THAT THE WORKPLACE IS COVID SECURE? Health and safety issues such as social distancing, PPE, handwashing and cleaning, regular lateral flow testing and ventilation will all need to be considered. A risk assessment should be carried out and procedures put in place that are specific to your workplace and businesses should take reasonable steps to mitigate risk. Government guidelines published online should be adhered to. From 19 July the guidance states that most businesses do not need to implement social distancing in the workplace or venue and customers and workers do not need to keep apart from people they don’t live with. The Government is no longer instructing people to work from home so employers can now implement a safe return to workplaces. During this period of variable virus rates the government expects and recommends a gradual return over the summer and there may additional advice later in the year. People can expect (although this is now voluntary) to still cover their faces in crowded indoor areas such as public transport and shops. With so much disruption over the last 12 months employers now have a great opportunity to make changes in the way in which people work and fulfil their role, mindful of reconciling work and domestic responsibilities. This is an ideal time for employers to think more creatively about effective ways of working and to embrace more agile and flexible working practices such as flexible, remote or hybrid working. However employers should take an individual approach to consider the physical, emotional and mental wellbeing of the workforce when bringing people back into the workplace. Employers have a duty of care to ensure that the workplace is sufficiently safe to return to whilst also following the latest government guidance. We recommend that employers consult with workers with regard to any
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change, this may help staff feel safer when they return to the workplace. Employers may wish to consider if COVID-19 certification will form part of a safer return to work for larger numbers of employees. Vaccination proof alone has been contentious especially as vaccination has not been made mandatory (with the exception of the care sector) and many people have personal reasons for not having the vaccination. This should be balanced with the impact on the rest of the workforce and the potential risk of any in not having the vaccination post ‘freedom day’ At the very least employers should think about their own organisational policies and procedures if they plan to implement a new way of working. The current polices may not be fit for purpose if changes to working practices are likely to be adopted. We are working in the ‘new normal’ for many businesses and whilst change can be exciting it can also bring with it some anxiety as a result of any unexpected consequence of adopting new working practices. Schofield & Associates have supported many businesses challenged with these issues over the last 18 months and have provided pragmatic guidance and advice on how best to manage the impact of our new normal. Please get in touch if you require advice on your staff returning to work or would like a complimentary audit of your policies and procedures.
After nearly 18 months, businesses are emerging from the shadow of COVID-19 and planning the return of staff to the workplace. In planning this return, employers should consider the following issues, explains Bethan Odey, Senior Associate, Employment team, DLA Piper LLP VACCINATIONS
FACEMASKS
Employers should conduct a suitable risk assessment to establish for which employees face coverings would be a suitable mitigation against the risks of COVID-19. From an employment law perspective, implementing a blanket policy requiring everyone to wear face masks would be a risky approach to take unless there is significant evidence to support this. Employers should also be mindful that some employees may not be able to wear face masks for health reasons.
CORONAVIRUS TESTING
UK government guidance encourages employers to test employees, and both voluntary and mandatory schemes should be considered as part of any COVID-19
Picture courtesy Paradise Birmingham
In general, imposing a vaccination requirement as a condition of employment would not be a reasonable management instruction unless an employer could demonstrate that it has a compelling health and safety reason to require their employees to be vaccinated. Making out this requirement in a risk assessment is likely to be extremely difficult. Anti-vaccination views may stem from an employee’s religious beliefs or disability or pregnancy grounds, which could result in discrimination claims if a mandatory vaccination requirement were introduced. And if an employee were to suffer an adverse reaction to a mandatory vaccination, that employee may then bring a personal injury claim against their employer. While employers cannot force employees to get vaccinated, it would be appropriate to encourage vaccinations by signposting the benefits and facilitating the uptake where possible. Employers may also want to consider homeworking or hybridworking arrangements, or further hygiene and social-distancing measures in the workplace, to help mitigate the risk of unvaccinated employees to the larger workforce. Employers should also consider whether their disciplinary processes and diversity policies need updating to address the issue of vaccinations, bearing in mind the reputational and employee relations implications that could ensue.
Returning to work: what should employers be doing?
risk assessment. Where a risk assessment identifies mandatory testing as necessary to ensure a COVID-secure workplace, it is likely this will be legally compliant. There are however significant data protection implications arising from mandatory testing regimes, which should be fully considered before such a programme is implemented. Additionally, employers will have to consider the pay arrangements of self-isolating employees and decide how to enforce any mandatory testing. Employers may want to consider developing a specific policy to ensure the transparency and consistency of any testing programme implemented.
VULNERABLE AND PREGNANT EMPLOYEES
Employers have a legal responsibility to protect their workforce and an employer will likely have increased health and safety obligations in respect of vulnerable employees, despite the shielding rules coming to an end. An employer may want to consider homeworking arrangements or use of the furlough scheme (until 30 September 2021), as a means of protecting vulnerable employees. Any decisions should be made on a case-by-case basis, taking into account specific circumstances.
Similarly, government guidance suggests that a more precautionary approach should be taken with women who are less than 28 weeks pregnant and have underlying health conditions or who are 28 weeks or more pregnant. In practice, subject to an appropriate risk assessment, it would not be unlawful for employees at any stage of pregnancy to return to the workplace. But consideration should be given to any individuals who have concerns about returning and it would be sensible to consider homeworking or redeployment arrangements where possible, and seek advice where it is not. COVID-19 and the return to the workplace are emotive subjects and may give rise to a significant number of health and safety concerns. Employers should consider ways of working that ensure employees are reassured these concerns are being taken seriously. Employers should be mindful that employees who raise such concerns may have the right not to be subjected to a detriment or dismissed as a result of raising those concerns. Employers should also be alive to the fact that the pandemic may have had a detrimental impact on employees’ mental health and ensure employees are aware of what support is available should they need it.
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FURTHER GUIDANCE COVID-19: WHAT YOU NEED TO DO https://www.gov.uk/coronavirus SUPPORT FOR BUSINESSES AND EMPLOYERS DURING CORONAVIRUS https://www.gov.uk/coronavirus/business-support GENERAL GUIDANCE FOR EMPLOYEES DURING CORONAVIRUS https://www.gov.uk/guidance/guidance-and-support-for-employees-during-coronavirus-covid-19 BIRMINGHAM CITY COUNCIL https://www.birmingham.gov.uk/coronavirus_advice NHS https://www.nhs.uk/conditions/coronavirus-covid-19/ WEST MIDLANDS POLICE https://west-midlands.police.uk/coronavirus PUBLIC TRANSPORT West Midlands Railway: https://www.westmidlandsrailway.co.uk/ West Midlands Metro: https://westmidlandsmetro.com/ National Express West Midlands: https://nxbus.co.uk/
n The ‘Safer Spaces’ guide featuring advice and tips for businesses emerging from the coronavirus lockdown has been produced by Colmore BID. Information has been sourced from government plaforms under Open Government Licence and contributors from Birmingham’s business community. Produced for Colmore BID by Edwin Ellis Creative Media.
Picture courtesy Paradise Birmingham
2nd Floor, 37a Waterloo Street, Birmingham B2 5TJ Email: info@colmorebid.co.uk Tel: 0121 212 1410