Some thoughts on Covid-19 for you and your employees

You’re probably thinking “Is there anything left to say?” on this topic.

Well, based on the phone and email traffic our firm has received in recent days, it appears that there is, at least from a legal perspective.

Let’s start with some Q&A:

What are my obligations as an employer?

Your obligations are pretty clear – you have a non-delegable duty to provide a safe workplace and system of work for your employees.

Non-delegable simply means you can’t assume that someone else is going to take care of it for you. Whether you physically do it or you engage someone else to do it on your behalf, you must make sure it’s done.

In this context, you must make every reasonable effort to keep the workplace Covid 19 free. You must ensure any employee who reports that they may have been exposed to the virus is excluded from the workplace until they are tested and/or can produce a current medical certificate indicating they are virus-free. If in doubt, send the employee home until they can produce evidence they are not infected with the virus.

What steps can be taken to reduce possible exposure?

We are aware that our clients have adopted various strategies including:

• Getting as many employees as possible to work from home
• Splitting their workforce into two teams, which alternate their days in the office, so that no more than 50% are ever in the office at one time
• Encouraging the bringing forward of annual leave
• Encouraging the taking of additional leave on either or both sides of the Easter break
• Postponing non-essential business travel and relying on telephone or Skype communication
• Reducing or completely eliminating staff and management meetings
• Only meeting with clients in person if unavoidable
• Encouraging staff to avoid situations where people congregate, in particular, public transport
• Making available extra antiseptic hand cleaning products
• Closing staff canteens and common eating areas

What are my obligations as an employee?

In the first place, the usual duties apply – you must not do anything that may unreasonably expose other colleagues to illness or injury. You must follow the reasonable directions and requests of your employer aimed at maintaining a safe place and system of work.

In the special circumstances of the Covid 19 pandemic, you must take all reasonable precautions to avoid likely exposure situations. You must follow any additional directions given by the employer aimed at maintaining a virus free workplace. You should immediately self-isolate if you know or suspect you have been exposed to the virus, for at least 14 days or until your health status can be confirmed.

Is my employer entitled to force me to take annual leave?

If a business chooses to shut for an extra period such as the days before or after Easter, you may be required to take those additional days as annual leave. The situation is analogous to the shut downs that occur in many workplaces during the Christmas/New Year period.

Obviously, there are many other questions that could or will arise over the months ahead until Covid 19 is controlled or an effective treatment is found. Please let us know if we can assist you or your business to address the special challenges it presents.

Keep well!