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Coronavirus: HSE will take action against non-complying employers

8 Apr 2020

Employers that are found not to be complying with the relevant Public Health England guidance on coronavirus may face action from the HSE, the health and safety body has said in a joint statement with the CBI and TUC.

Noting that this is an extremely worrying time for firms and workers, and that many employers and workers have questions and concerns about safe working, especially those continuing to work away from home, the joint statement is intended to clarify the position.

The statement reads:

“The health and safety of workers remains paramount. Employers are and must continue to provide workers with information about risks to their health and the actions their employers must take.

“Social distancing is a key public health measure introduced by Public Health England to reduce the spread of infection. Most employers are going to great lengths to ensure social distancing wherever possible. The HSE, CBI and TUC wish to publicly support these efforts. Firms that can safely stay open and support livelihoods should not be forced to close by misunderstandings about government guidance.

“But if it comes to the HSE’s attention that employers are not complying with the relevant Public Health England guidance (including enabling social distancing where it is practical to do so), HSE will consider a range of actions ranging from providing specific advice to employers through to issuing enforcement notices, including prohibition notices.”

In order to encourage employees to raise awareness of employers’ lack of compliance, the HSE is advising them to contact the relevant enforcement authority.

Meanwhile, employers who wish to remain open should follow the HSE’s guidance on essential/non-essential work:

  • Keep your business open. With the exception of some non-essential shops and public venues, we are not asking any other businesses to close – indeed it is important for business to carry on.
  • Employers should take every possible step to facilitate their employees working from home. Where it is not be possible to work from home you can still travel for work purposes, provided you are not showing coronavirus symptoms and neither you nor any of your household are self-isolating.
  • Employers who have people in their offices or onsite should ensure that employees are able, where possible, to follow Public Health England’s guidance on social distancing (including, where possible, maintaining a two-metre distance from others), and hygiene (washing their hands with soap and water often for at least 20 seconds). Follow government guidance on how to keep your employees safe.

Firms that are unsure about the guidance are advised to visit www.hse.gov.uk/news/social-distancing-coronavirus.htm

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