Last month, and following the Government's Covid-19 'delay phase' rules for employers and the general public, Janet Newsham of the Greater Manchester Hazards Centre wrote to the HSE requesting details of how they are enforcing the new Health Protection (Coronavirus, Restrictions) Regulations 2020 and monitoring workplaces to ensure no breach of the rules aimed at protecting the workforce and people of this country from spreading the virus.
In her letter to both Martin Temple Chair of HSE Board and Sarah Albon CEO HSE, Janet asks:
Please will you tell us what action the HSE is taking to protect workers in this unprecedented situation, so that we can pass this on to the thousands of workers currently feeling abandoned and unnecessarily exposed to life threatening risks. We specifically want to know what action the HSE is taking to:
1. Remind all employers in essential and non-essential workplaces that workers health and safety is paramount at all times, that normal health and safety duties and regulations apply and that #Covid19 means extra risks must be assessed and prevented in usual way – by elimination, collective control and appropriate and sufficient PPE as last resort.
2. Issue strong warnings to employers to review all Risk Assessments for the new Covid 19 risk and to introduce safe systems of work to protect workers.
3. Advise employers that if suitable and sufficient Risk Assessments show the risk of exposure to COVID19 cannot be reasonable prevented they must stop work
4. Provide workers with information about risks to their health and what their employers should be doing. Closure of HSE Infoline in2011 has left workers without a lifeline and employers without advice. Surely at this time with inspectors working from home, the HSE helpline could be reintroduced to support these workers?
5. Respond to the ‘Report a Concern’ online form by next day with enforcement action to support workers health against employers who are breaching health and safety regulations. Will you accept photographic evidence available which is date stamped? This could be used to instruct employers to either improve the situation in workplaces or face Prohibition and Improvement Notices
6. Enforce strongly the need for appropriate PPE in sufficient quantities to protect the health of all NHS, Care and other health and essential workers who are at greatest risk of exposure to Covid19.
Her letter goes into the detail of the Regulations and the impact they may have on workplaces and enforcement resources. In particular, the question of non-application of the regulations to specific and unnamed non-essential work:
The Government has laid out which agencies who will monitor and enforce the new regulations which support their Health Protection (Coronavirus, Restrictions) Regulations 2020 and further advice has been issued:
Compliance
Everyone is instructed to comply with the rules issued by the government in relation to coronavirus, in order to protect both themselves and others.
As of 1pm on 26 March 2020 new Regulations extending the restrictions are now enforceable by law in England due to the threat to public health. These supersede Regulations that came into force at 2pm on 21 March 2020. They are enforceable in Wales from 4pm on 26 March 2020 and Scotland from 7.15pm on 26 March 2020.
Where an owner, proprietor or manager carrying out a business (or a person responsible for other premises) contravenes the Regulations, that person commits an offence.
In England, Environmental Health and Trading Standards officers will monitor compliance with these regulations, with police support provided if appropriate. Businesses and venues that breach them will be subject to prohibition notices, and fixed penalties. With the support of the police, prohibition notices can be used to require compliance with the Regulations including requiring that an activity ceases.
If prohibition notices are not followed, or fixed penalty notice not paid, you may also be taken to court with magistrates able to impose potentially unlimited fines.
https://www.gov.uk/government/publications/further-businesses-and-premises-to-close/further-businesses-and-premises-to-close-guidance
Although this says Environmental Health, Trading Standards and Police will monitor compliance with these regulations this only applies to those workplaces specifically closed down by government regulations. It does not apply to construction, manufacturing and other non-essential work not listed.
But this does not negate the responsibility of the HSE and LA Health and Safety Inspectors to continue to regulate and enforce Health and Safety Regulations in all workplaces both essential and non-essential workplaces. And in this case it will be around PPE – provision, appropriateness and quantity -, managing risks and introducing safe systems of work and control measures.
If the HSE and LA health and safety officers do not act, employers will continue to take advantage and place their workers at risk. Trade Unions are continuing to highlight many examples of bad employment practices and negligent employers and through collective action have forced employers to improve their practices, but we still need the enforcement bodies to act as well.
Workers are justifiably feeling abandoned, anxious and their physical and mental health is deteriorating leaving them more likely to be at risk from contracting the virus.
Once a reply is received, Unionsafety will bring it to you along with the Greater Manchester Hazards Centre website.
You can read Janet's letter by clicking on the photographof the letter above.
Source: GMHC / Unionsafety
