HSE Guidance To Working Safely During Coronavirus
Guidance offered by HSE on working safely during coronavirus at https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19 gives advice across a range of sectors on how to protect the workforce.
Under the Health and Safety at Work etc. Act 1974, employers have a general duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. HSE considers that if an employer is following the relevant PHE guidance for their sector in terms of controlling the public health risks, they will be taking reasonably practicable precautions to control workplace risks.
Employers must carry out a risk assessment that addresses the risks of Covid-19 to inform decisions and control measures, if they have not already done so. There is a duty on employers to consult their employees, and unions where applicable, as part of the risk assessment. Involving workers in this helps build trust and confidence that all reasonably practicable steps are being taken to reduce risks of coronavirus, so that people can return to work safely.
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.
HSE does not comment on the merits of specific liability claims, either real or speculative, as any claim would be fact specific and dependant on the claimant being able to demonstrate that the elements necessary to prove negligence were present.