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23 Nov 2023

Retail sector leaders have expressed a range of concerns, from taxation to business rates, following the Chancellor’s Autumn Statement this week.

3 Jan 2023

Millions are being encouraged to walk and cycle more this year to get fit and save money, with an additional £32.9 million of government funding to accelerate walking and cycling schemes...

26 Oct 2022

As the economic clouds darken, business leaders have tentatively welcomed the arrival of Rishi Sunak as the country’s new prime minister.

2 Sep 2022

ActSmart, ACT, Booksellers Association, Craft Bakers Association, British Sandwich & Food to Go Association and the Café Life Association from the Independent Retailers’...

7 Jul 2022

The strategy sets out objectives and an estimated almost £4bn of investment across Government through to 2025 to deliver the commitments outlined in the Prime Minister’s ‘Gear...

28 Jun 2022

Chris Boardman named permanent National Active Travel Commissioner alongside other senior Active Travel England appointments

9 Jun 2022

Baroness Vere discussed issues including the Road Safety Strategic Framework, response to the Roads Policing Review, the Road Collision Investigation Branch, 2021 Road Casualty Data, new vehicle...

26 May 2022

Key recommendations from the survey results include universal rollout of fully accessible cycle infrastructure, including parking and storage, rapid implementation of policies that will make...

19 May 2022

In a ceremony held in Leipzig, Germany, the largest gathering of transport ministers in the world will see current president, Morocco, hand over the reins to UK Transport Secretary Grant...

19 May 2022

The Low Pay Commission has now published its review of the National Living Wage from 2015-2020.

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Government releases Workplace Safety Guidance: can you continue to enforce mask wearing?

Posted on in Business News , Cycles News , Political News

Theface masks Government has now published the revised Workplace Safety Guidance as England moves to Step 4 of the covid-19 roadmap on 19th July. As outlined in previous updates, legal requirements to wear face coverings, engage in social distancing and limit contact have been removed. Instead people will be asked to make informed decisions and act carefully and proportionately, to manage the risks to themselves and others

The new Workplace Safety Guidance for Shops, Branches and Close Contact Services encourage business to undertake six priority actions:

  • Complete a health and safety risk assessment for stores
  • Provide adequate ventilation
  • Clean surfaces more often
  • Turn away customers or colleagues that have covid-19 symptoms
  • Enable people to check in using a Test and Trace QR code
  • Communicate your procedures to colleagues and customers

The guidance states that face coverings are no longer required by law but states that government expects and recommends that people continue to wear a face covering in crowed, enclosed spaces. On risk assessments the guidance outlines that employers have a legal requirement to carry out risk assessments and that Covid-19 is a workplace hazard that should be addressed in assessments. Interactive tools from the Health and Safety Executive ae available here to help you develop a risk assessment.

The guidance also places greater emphasis on the important of good ventilation, either through natural ventilation or mechanical ventilation such as fans or ducts. Its recommended that poor areas of ventilation are identified in risk assessments and options considered to increase air flow. The HSE have developed guidance on ventilation here.

Please note that the workplace safety guidance applies to England only. There are different regulations and guidance in place for Scotland and Wales.

 

Can you continue to enforce mask wearing? 

Businesses who want to enforce mask-wearing in future will face a number of competing responsibilities and duties:

  • Under the Equality Act 2010 they will have a duty not to discriminate against anyone wishing to use their services
  • However, they will also owe duties to their own employees and other customers including:
    - Duties under the Health and Safety at Work etc Act 1974 to conduct their businesses in such a way as to ensure, so far as is reasonably practicable, the health and safety of their workers and customers
    - Potentially duties to make reasonable adjustments for vulnerable disabled employees or customers who may remain at higher risk from COVID-19.
The key step that businesses can take if they do want to continue with a mask wearing policy is therefore to think about their justification defence in advance. That will mean considering and clearly documenting the legitimate aim they wish to rely on and considering the proportionality of their approach. Key points to consider may be:
  • Obtaining scientific evidence on the level of risk posed by your business
  • Engaging with unions
  • An updated risk assessment of their premises, including infection control risks - for example a business with poor ventilation might be viewed differently to one with a state of the art ventilation system
  • Gauging/surveying customer opinion - if the majority of customers support a mask-wearing policy that should help show it is proportionate
  • Considering what exemptions will be allowed and how they will be applied
  • Staff training
  • Ensuring they know and understand their service users and employees - businesses with known vulnerable employees or service users may be in a stronger position to enforce the use of masks.

Overall, having a well thought out policy and ensuring consistency of treatment will be key to reducing the risk of claims.

 

Display in-store guidance

For ACT resources to display in-store regarding face coverings, social distancing and hand sanitising visit our website here.

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