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Employers could be successfully sued if they do not take “reasonable steps” to protect Covid-19 staff when they return to work.
It will be necessary to carry out risk assessments and other protective measures, including maintaining social distancing and the provision of protective masks and other PPE.
According to the roadmap to ease restrictions, the reopening of workplaces will take place gradually from May 18 to August 10.
But some employers are concerned about the possibility of legal claims if staff become infected on the job.
The Alliance for Insurance Reform has called for a review of the Common Duty of Care so that it is reasonable, practical and proportionate, but do not ignore personal responsibility.
Its director Peter Boland said there should be little support from the public, the legal professions or doctors for claims if they believe that someone is trying to create an unsubstantiated case.
Liam Moloney, a personal injury and employment law attorney, said employers were not the absolute guarantors of employee safety, but they had a duty to “take reasonable care” to prevent Covid-19 infections.
He warned that employees would be entitled to sue for damages alleging negligence, breach of obligations and breach of contract if they acquire Covid-19 for negligence in the course of their work.
Moloney suggested that companies should obtain infection control experts to conduct risk assessments at their facilities and make recommendations.
He said companies should have a good defense against a claim if they can demonstrate that they followed the correct procedures.
“There are many different health and safety laws in Ireland that impose very strict duties of care on employers on employees that the Government must introduce a subsidy scheme to help employers provide risk assessments,” said Moloney.
Lawyer Ciara Ruane, a senior associate at Pinsent Masons, said she would be surprised if there were no more claims in the workplace due to the virus. She said that following the guidance of HSE and the Safety and Health Authority would be key, as well as clear communications with staff.
Ms. Ruane said employers should be aware that rushing back to work runs the risk of a resurgence of the virus. He urged caution about making long-term commitments to staff and said employers should make it clear that return-to-work measures will continue to be reviewed and adapted according to evolving guidance.
Earlier today, Business Minister Heather Humphreys formally announced the Safe Return to Work Protocol this afternoon, which will feature temperature testing, no handshakes, and intensive cleaning policies.
The plans were developed in a “collaborative effort” by the Business Department in conjunction with the Irish Trade Union Congress, the Ibec employers’ group and the Federation of the Construction Industry.
The Department of Health and HSE were also involved and the Health and Safety Authority will enforce the rules.
The measures should be implemented in companies, offices and construction sites.
“The protocol is mandatory and the HSA will be in charge of its supervision and implementation,” said the minister in the government buildings.
“This document establishes the minimum measures required in each workplace.”
“We all want companies to reopen and people to return to work,” added the minister.
“We all want Ireland back to work, but it has to happen safely.”
The HSA will appoint inspectors to work “collaboratively” with employers to make improvements if necessary and will order the closure of workplaces if they are not implemented.
Employers will be asked to develop a Covid-19 business response plan prior to reopening that addresses risk and their response to virus infections in the workplace.
The protocol also states that employees who will return to work will need additional support for stress caused by financial reasons, the death of a family member, or difficulties with personal relationships.
They will also need to complete a pre-return form to indicate that they have not been in contact with the virus.
Employers will then have to designate a core worker representative, who will be responsible for ensuring that staff “strictly adhere” to health measures.
There should also be induction training for all workers on public health guidance, how the workplace is organized to address risk, and any other relevant industry advice.
The protocol calls for the implementation of a no handshake policy, as well as temperature tests of social distancing, hand sanitizer and tissue supply.
The use of face covers is said to be “not a substitute” for other hygiene measures.
According to the protocol, remote work should be encouraged and free office space should be used as isolation areas for staff with virus symptoms.
Per protocols, staff displaying coronavirus symptoms during the workday will be directed to this isolation area designated by a manager.
A distance of two meters should be kept, since transportation is arranged for the worker to go home or receive medical attention and should avoid public transportation.
Records of working groups should be established to follow up on contacts and a risk assessment should be made of any incident.
Plastic sneeze guards should also be placed in workplaces where two-meter separation social distancing is not possible.
Some aspects of the protocol will vary from different workplaces, but the document sets out “general principles” that must be followed.
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