If a business doesn't co-operate, the HSE can shut down the workplace - Protocol

Employers may be forced to implement measures including temperature checks on employees once businesses begin to reopen on a phased basis from May 18 and companies found not to be complying face closure.

The Minister for Business, Enterprise and Innovation, Heather Humphreys, published the national 'Return to Work Safely Protocol' last Saturday, May 9. It sets out the steps and processes businesses must take to mitigate the spread of COVID-19 in the workplace.
The protocol was developed and agreed in consultation with the Labour Employer Economic Forum, which is the forum for dialogue between government, union and employer representatives on labour market issues. Participants in this process included IBEC, the Irish Congress of Trade Unions (ICTU), Chambers Ireland and the Construction Industry Federation (CIF). It is the result of a collaborative effort, led by the Department of Business, Enterprise and Innovation, and involving the Health and Safety Authority (HSA), the Department of Health and the HSE.
The HSA will be the lead agency in terms of overseeing compliance and enforcement with the protocol in the workplace.
Minister Humphreys described the protocol as a "critical component" in the Government’s roadmap for reopening the economy as COVID-19 restrictions are gradually lifted.
“Collaboration between employers and workers will be central to the success of our return to work. That’s why we have specified in the Protocol that they should have regular engagement about the preventative measures in the workplace.
“The Protocol is mandatory and it applies to all workplaces right across the economy. Obviously, specific sectors may need to introduce additional safeguards, but this document sets the standard set of measures required in every workplace," she explained, paying tribute to many businesses who have already developed detailed return to work plans incorporating many of the measures contained in the protocol.
"I would like to acknowledge that many critical and essential businesses have continued to operate during the pandemic with the appropriate safeguards in place,” added Minister Humphreys.

 

Requirements
These are some of the requirements included in the protocol:

·       Each workplace will appoint at least one lead worker representative, who will work with the employer to ensure that COVID19 measures are strictly adhered to in the workplace.

·       Before a workplace reopens, there will be COVID-19 induction training for all workers to make sure that they are up to speed on the public health advice and guidance.

·       Employers will issue a pre-return to work form for workers to complete at least three days in advance of the return to work.

·       Employers are also required to update their safety plans before reopening, in consultation with, and with the agreement of, workers. This plan should include COVID-19 specific measures.

·       Employers will keep a log of any group work in order to facilitate contact tracing.

·       Employers are required to put a response plan in place, outlining how they will deal with a suspected case of COVID-19 in the workplace, to include a designated manager in charge.

·       If a worker displays any symptoms of the virus during work hours, the designated manager must direct that person to a designated isolation area, along a designated route, all the time maintaining a two-metre distance, and arrange for that person to remain in isolation before arranging for them to be transported home, or to a medical facility, avoiding public transport.

·       The employer must also carry out a full risk assessment of the incident to see what, if any, further action needs to be taken. 

·       Breaks and rest periods should be organised so as to facilitate social distancing.

·       In settings where two metre separation is not possible, alternative protective measures such as installation of physical barriers/plastic sneeze guards should be put in place.

Minister Humphreys further explained that HSA inspectors will advise and support employers on compliance measures. 
“They will also be able to visit the workplace and advise on any shortcomings through a Report of Inspection, which is left with the employer at the end of the visit and can include timelines and follow-ups needed," she said.
They will also have powers to serve an Improvement Notice or, in extreme cases, a Prohibition Notice, directing that a specified work activity be stopped. 
“Ultimately, if a business doesn’t cooperate and comply with the public health guidelines after being asked to make improvements, the HSA will be able to order them to shut down the workplace," confirmed the Minister.
The Protocol is a living document and will change over time, in compliance with the latest public health advice.
If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie