Managing Covid-19 in the Workplace
With the cases of Covid-19 still on the rise, it’s important that your employees are safe at work.
The Work Safety Protocol which has been in place since the 31st of January 2022 is still fully applicable in all workplaces. As of now, there are no plans in place to update the document. All companies should have a Covid-19 response plan.
You are probably wondering what type of information you should provide to employees on how to manage symptoms, cases and contacts. Employees should be directed to the general Covid-19 information on the HSE website.
Employees that are displaying cold and hay fever symptoms and are reluctant to attend the workplace should not attend the workplace. They should be directed to the HSE website and asked to comply with the public health requirements.
The current advice is that if you are showing symptoms, even mild ones you should:
• self-isolate (stay in your room) until 48 hours after your symptoms are mostly or fully gone
• wear a face mask if you have to be around other people#
This applies even if you completed your first round of Covid-19 vaccination, had a booster or had Covid-19 in the past.
Displaying Symptoms in the Workplace
If an employee is displaying symptoms of Covid-19 in the workplace the person should be moved to a designated isolation area and provided with a suitable face covering in order to minimize the risk of transmission.
Distinguishing between Covid-19 and Hay fever symptoms
Employees who suffer from hay fever are usually familiar with the symptoms. If in doubt they should follow public health advice and not attend the workplace until 48 hours after their symptoms are mostly or fully gone.
Managing Close Contacts in the Workplace
The advice around close contacts has changed. If an employee thinks they have been in close contact with someone who has Covid-19, they do not need to restrict movements or self-isolate. They should:
Watch out for symptoms of Covid-19 - it can take up to 14 days after you are infected for symptoms to show.
Take extra care to follow the advice on protecting others from Covid-19, in case you have the virus.
Testing Positive
All confirmed cases should self-isolate for a full 7 days from the date of onset symptoms or is asymptomatic, from the date of a positive test result.
Reporting Outbreaks
There is no longer a requirement to report an outbreak to the HSE.
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Update: Steps to Reduce the Spread of Covid-19 in the Workplace
Update: Steps to Reduce the Spread of Covid-19 in the Workplace
On the 21st of January the Government announced the easing of restrictive measures. The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 reflects the lessons that we have learned over the past two years. This guidance is a general document applicable to all sectors. All businesses and sectors who have specific guidance should review and update their own guidance in line with the advice contained in the document.
While the public health advice has changed, employers need to remember that several steps still need to be implemented by employers and employees to prevent the spread of Covid-19.
1. Keep a COVID-19 Response Plan in Place
Employers and their representatives should continue to maintain or take the following steps:
• Update their COVID-19 Response Plan according to the most recent public health advice.
• facilitate the ongoing appointment and engagement of the Lead Worker Representative
• Review and update their occupational health and safety (OSH) risk assessments and safety statement as workers return to the physical workplaces and as changes to the workplaces take place.
• Maintain measures to deal with a suspected case of COVID-19 in the workplace
• Maintain any specific measures or response for dealing with an outbreak of Covid-19
2. Maintain policies and procedures for prompt identification and isolation of workers who may have symptoms of COVID-19
How you manage and isolate potential infectious individuals remains a crucial step in protecting the worker involved, their colleagues and others at the workplace. While the need to maintain a contact log with details of workers and visitors to a workplace has been removed, employers may need to provide attendance information as appropriate in the event the local Department of Public Health has to investigate an outbreak.
Employers should continue to:
• Advise that workers do not come to work if they are displaying signs or symptoms of COVID-19 or if they have had a positive test,
• Provide instructions for workers to follow if they develop signs and symptoms of COVID-19 during work,
• Display information on signs and symptoms of COVID-19
Workers should also continue to:
• Keep themselves up to date with the signs and symptoms of COVID-19,
• Do not attend work if they are displaying signs and symptoms of COVID-19 or have symptoms
• Follow public health advise regarding self-isolation, restricting movement, testing and what to do if identified as a close contact
• Report to managers immediately if any symptoms develop during work
• Comply with any public health personnel and their employer for contract tracing purposes and follow any public health advise given in the event of a case or outbreak in their workplace.
3. Maintaining COVID-19 Infection Prevention and Control (IPC) Measures
Hand Hygiene
Employers should continue to:
• ensure that appropriate hygiene facilities and materials are in place to accommodate
workers adhering to hand hygiene measures,
• make available advice on how to perform hand hygiene effectively,
• display posters on how to wash hands in appropriate locations throughout the
workplace,
• provide hand sanitisers (alcohol or non-alcohol based) where washing facilities cannot
be accessed. In choosing an alcohol-based sanitiser, a minimum of 60% alcohol is
required.
• provide facilities for frequent hand hygiene for outdoor work, which should be located
close to where workers are working. Outdoor toilet facilities, if reasonably practicable,
should also be considered.
Workers should continue to:
• Follow hand hygiene guidance and advise
• Wash their hands with soap and water or with hand sanitiser for at least 20 seconds.
Respiratory Hygiene
Employers should continue to:
• provide tissues as well as bins/bags for their disposal,
• empty bins at regular intervals, and
• provide advice on good respiratory practice including the safe use, storage and
disposal of face masks/coverings and the safe cleaning of face coverings.
Workers should continue to:
• adopt good respiratory hygiene and cough etiquette, and
• follow good practice on the safe use, storage, disposal, and cleaning of face
masks/coverings.
Physical Distancing
Employers may choose to maintain some of the practices that were in place based on the Work Safely Protocol for the period of transition back to office work. Especially in meetings, events, or training with a continued focus on hand and respiratory etiquette and adequate ventilation are all measures that may continue.
There is a legal requirement to wear a facemask in specific settings (e.g., healthcare, public transport, taxis, public offices, retail premises etc.) Outside of these settings it is still good practice to continue to use face masks particularly in crowded areas. Employers should continue to support and facilitate the use of face masks b workers who wish to continue wearing them.
Bright Contracts will be updating it's COVID-19 response plan as soon a possible with the updated transitional protocol providing further guidance in relation to office working. Once updated this will be communicated across social media so keep your eyes peeled.
What you Need to Know About Irelands New Public Holiday
What is it and when will it happen?
The Government announced last week that there will be a once off extra public holiday on Friday the 18th of March 2022. It was introduced to recognise the efforts made by the general public, volunteers and all workers during the Covid-19 pandemic. This will result in a four-day weekend in the middle of March as St Patricks Day is also a public holiday.
Next Year, 2023, there will be a permanent public holiday introduced to establish the celebration of St Brigid’s Day. This will occur on the first Monday in February. If St Brigid’s Day falls on the first day of February, that happens to be a Friday, that Friday the 1st of February will be a Public Holiday.
This new public holiday will bring the number of public holidays in Ireland to 10, which is one of the lowest in Europe, compared to Austria and Sweden which have 13.
What does this mean for employers?
This announcement can bring cost implications for employers. Employees are entitled to a paid day off. If the employee is working that day, they are entitled to double pay or an additional day of paid leave.
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The Nation Rejoices: The Removal of COVID-19 Restrictions & The Return to the Workplace
Ireland rejoiced as it was announced over the weekend that most of the public health measures currently in place can be removed giving the Irish a sense of normalcy again, something we have all been waiting a long time for. However, this news will have also been met with many questions by the business community, particularly around how to effectively manage a safe, gradual return to the workplace.
The government confirmed that the transition to office working could commence with immediate effect from yesterday, Monday the 24th of January which is amazing news for all but it is strongly encouraged that employers engage with employees to plan, prepare and engage with their staff to put into motion that return in the coming weeks.
The return of employees to the office is very much a measured response, taking into account business needs as well as the needs of the employee. The experiment of working from home has been a success over the past two years therefore the we see it that there must be very justified reasons for a business to require staff to work in the office five days of the week.
The return to office working must be considered in line with obligations under existing Safety, Health and Welfare legislation to provide a safe place of work. Organisations COVID-19 response plans will naturally need be edited to take into account these new measures and it is hoped that the revised guidance document will be finalised and published in the coming days. Once published our Bright Contracts software will be updated to reflect these changes.
While the lifting of restrictions is great news for all it is still important to bear in mind that the government still continue to reiterate the need for ongoing close monitoring of the virus. The pandemic is not over and the emergence of new variants with increased levels of transmissibility remains a risk both nationally and globally so businesses are encouraged to still keep this at the forefront of their office plans.
While the restrictions have been lifted, it is advised that employers develop plans for their return to work and continue the use of Covid-19 control measures:
- Employers should re-examine the potential risks and hazards and update business and safety plans. (e.g. Covid-19 Response Plan, the occupational health and safety through risk assessments and the safety statement).
- The Health and Safety Authority’s website contains resources for employers including the Pre-return to work form, and Employer checklists.
- Implement control measures and comply with the HSE’s and Government’s protocol/guidance. This includes appointing at least one lead worker representative to ensure safety measures are in place and being adhered to. Access a Health Safety Authority online course on the role of lead worker representative.
- Develop, consult on, communicate and implement workplace changes or policies.
- Continue to follow the current advice for those with symptoms, cases and close contacts as announced by the government on the 12th of January 2022.
- Continue to focus on maximising the uptake of the primary and booster vaccination.
Further changes coming down the line for businesses is this year, Leo Varadkar will bring in five new workers’ rights, which will include the right to request remote working. The others will be the right to statutory sick pay, new rights around redundancy for people who are laid off during the pandemic, a new right on the protection of workers’ tips and the new public holiday on St Brigid’s Day which was announced last week. These will be in addition to the previously introduced Right to Disconnect.
Today, Leo Varadkar provided some guidance into the specifics of The Right to Request Remote Working which we have summarised below for you:
- The employee must have at least 6 months service in order to submit a request.
- The employer will have 12 weeks to reply to the employees request.
- The employer can counter offer the employees request which the employee will have one month to accept or refuse.
- Right of appeal will apply to this strategy which will either be dealt with internally or through The WRC.
- Employees can submit another request after 12 weeks.
- A requirement of this strategy will be that all employers MUST have a Work From Home (WFH) Policy in place
Bright Contracts already has a WFH policy in the handbook of the software which can be found under the 'Terms & Conditions' tab. Further guidance in relation to The Right To Request Home Working is expected over the coming months which we will then communicate to our customers.
Related Articles:
- Q&A: The Vaccine & The Workplace
- The 411 on The Right to Request Remote Working
Helpful Articles/ Documents:
- Role of a Lead Worker Representative
Q&A: The Vaccine & The Workplace
- Can employers ask employees to confirm if they have taken the vaccine and keep a list of those who have done so?
Employers are not prohibited from asking employees if they have taken the vaccine however they would need to identify a legal basis under the General Data Protection Legislation (GDPR) to collect any information relating to their employee’s vaccination status. For example, it may be possible to assert that collecting this information is necessary to achieve the employer’s ‘legitimate interests’. However, the employer would need to show that requesting and processing this information is both necessary and proportionate to achieve its purposes by reference to the specific circumstances in the workplace, and that its interests in promoting the health and safety of its workforce or otherwise outweighs the employee’s right for such data not to be processed.
- Can a refusal to get vaccinated be sanctioned, e.g. by refusing an employee access to the office or stopping their pay or dismissal?
There is currently no legal obligation for individuals to take the covid-19 vaccine and therefore Irish bodies may be slow to consider a decision not to take the vaccine as “unreasonable”, or accept an analysis that taking a vaccine is a “requirement” of a role. Therefore, in the event that an employee refuses to take the vaccine, it is recommended that the employer engages with the employee and discuss alternative measures, for example, redeployment to another role. The employer must also bear in mind that there may be different reasons why an employee has chosen to refuse the vaccine and employers will need to consider their obligations under the Employment Equality Acts.
Under the Health & Safety Act, having carried out a written risk assessment, if it is determined that if someone is not vaccinated and therefore would not be regarded as being in a safe position to perform certain work tasks, then the employer should engage with the employee and consider redeploying them to another role, requiring them to comply with other health and safety measures or allowing them to work remotely etc. while maintaining them on full pay.
- Does an employee have a right to refuse to work alongside another person who has not been vaccinated?
Under the General Data Protection Legislation (GDPR) employers are not permitted to disclose the vaccination status of an employee to other staff. Under the Safety, Health and Welfare at Work Act 2005, if an employee asserts that working physically alongside unvaccinated persons places them in “serious and imminent danger”, the employee cannot be penalised for leaving work or taking measures to protect themselves from that danger.
The employer can take steps to ensure employees cannot assert they are in “serious and imminent danger” by taking reasonable precautions to protect employees in line with the Government’s Work Safely Protocol, such as allowing employees to work from home, implementing Covid-19 safety measures (including maintaining social distancing in the workplace, the use of antigen tests etc) and considering redeployment options.
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The 411 on The Right to Request Remote Working
This upcoming legislation will give employees the right to request remote working and work is underway on its development. A framework will be developed on how those requests can be considered. The Work Life Balance Directive (which must be fully transposed into Irish law by August 2022), has been mentioned throughout the development of the remote working legislation.
This Directive is to provide every employee with children up to eight years of age, and carers, the right to request flexible working arrangements, this remote working legislation will further support an employee’s work life balance. The Directive gives Member States discretion to legislate around the duration of flexible working arrangements and provides that employers “should be able to decide whether to accept or refuse a worker’s request”.
Within the strategy document, it states that introducing legislation on this topic will provide employees a framework around which such a request could be based and that this could provide clarity to employers on best practice on dealing with such requests.
The drafting of this legislation will be much anticipated, as there is currently a lack of a legal or agreed definition of remote working during a time of mandatory remote working caused by Covid-19.
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The Budget 2022: What You Need to Know
The 2022 budget was released this week which aims to explain how money will be raised and spent in 2022. The budget saw some important changes across a variety of sectors with some important ones for employers to know which is why we have summarised them for you below so you don't miss out!
- The National Minimum Wage
The NMW will rise by 30 cent to €10.50 per hour
- Family
Maternity benefit and parental leave payments to be increased
Parent's Benefit extended by 2 weeks to 7 weeks from July next year
- Covid Supports
The employment Wage Subsidy Scheme will remain in place, in a graduated format, until 30 April, 2022 - the scheme will close to new employers from 1 January, 2022
- Working from Home & Income Tax
People who work remotely will see an income tax deduction of 30% of the cost of vouched expenses for heat, electricity and broadband. In his Budget speech, the Minister for Finance said Government policy is to facilitate and support remote work.
If you would like to read some more detailed information and analysis, or even read the Ministers’ Budget day speeches to the Dáil, visit http://gov.ie/budget to find out more.
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Key Features: Updates to the Work Safely Protocol
Following on from our post The Phased Return to the Workplace , further guidance has been given into the recent government changes effect on the Work Safely Protocol. The Protocol sets out the minimum public health measures required in every place of work to prevent and reduce the spread of COVID-19.
While employers are still expected to comply with their normal health and safety obligations, employers should note that from 22 October 2021 the requirement to work from home will be removed and the statutory regime in place to protect public health will be wound down. Further guidance is expected in advance of that date. So what are some of these key changes:
From 20 September 2021:
- Businesses can begin a phased and staggered return to workplaces for specific business requirements
- Two metre social distancing, the wearing of masks in certain circumstances, hygiene measures and appropriate ventilation remain in place
- Appropriate attendance levels should be maintained in accordance with the Protocol
- Staggered arrangements should be considered, such as non-fulltime attendance and flexible working hours
- Each workplace must have a Lead Worker Representative that works with the employer to prevent the spread of COVID-19 in the workplace, and
- The requirement for self-isolation / restricted movements will continue for those with symptoms, who should immediately seek a test, those with positive test results, and close contacts of confirmed cases, unless fully vaccinated with no symptoms
From 22 October 2021:
- Depending on continued satisfactory vaccination rates, the Government intends to remove further statutory restrictions from this date. In particular, the requirement to work from home will be removed, allowing a return to physical attendance in workplaces on a phased and cautious basis, appropriate to each sector.
- Remote working will become a regular feature of Irish working life as the Government continues to implement Making Remote Work, Ireland’s National Remote Work Strategy, and
- Legal requirements in relation to social distancing and mask wearing will no longer apply in the majority of circumstances. An emphasis on personal responsibility will be encouraged. This means that employees cannot insist on compliance with social distancing, mask wearing or the provision of sanitising equipment or products in the workplace
With employee's returning one of the most important actions for employers to take is to review their risk assessments and health & safety policies. In order to pinpoint how and where could the virus be transmitted in your workplace you must look at the hazards, evaluate the risks and put control measures in place and The Health and Safety Authority has produced checklists to assist in the reopening of workplaces.
In conclusion, the return to the workplace should be conducted in a cautious manner and in consultation with employees. The government is moving towards a focus on personal responsibility from the 22nd of October 2021 and the Government will consult with employers in advance of this date to prepare guidance for the next phase of easing public health restrictions.
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The Essential Elements of a Hybrid Working Policy
Following on from our previous post 'Your Must Have Hybrid-Working Checklist' having hybrid working policies and agreements in place is essential when returning employees to the office and agreeing a split between working form home and in the office. We see the important elements of a hybrid working policy to be the following:
1. Detail the split between attending work and working remotely
Your hybrid working policy should detail the split between attending work and working remotely and state what number of days an employee will spend attending the workplace and working remotely. The number of days will depend on but is not limited to some of the following;
- the nature of the employees role
- what is happening within their role and team at any particular time
- individual circumstances
- the needs of the business, including space available at the businesses work locations
2. Working Hours
The working hours the employee must work in the office and at home must be stated, for example: For days on which the employee is attending the office, their normal hours of work are set out in their contract of employment.
Ensure you also detail that while working remotely, they must be available and working during their normal hours of work, as set out in their contract of employment while also listing the break and lunch times and being clear that they must avoid overworking, down time from work is essential.
3. Safe-Working While Working Remotely
Detail the procedure your employees must follow should they have any health & safety concerns while working at home, for example; if any work-related accidents occur in your home.
4. Remote Working Procedures
This section of the policy is where you will detail:
- Sickness Absence
- Compliance with Policies
- Technology & Equipment
- and a reference to data protection
Bright Contracts have recently updated the software to include a hybrid working policy which can be found under the 'Terms & Conditions' section of the handbook. If you'd like to preview this content prior to consider purchasing a licence you can do so here.
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The Link Between Hybrid Working & Employee Engagement
Following on from our previous blog post ‘Hybrid Working: Know The Basics’ we are now aware of what Hybrid Working is and the basics to know about implementing a Hybrid Work Model in your organisation. However, something employers may not be aware of is in order for hybrid working to be successfully implemented, getting employee engagement right is crucial.
Employee engagement can be defined as the mental and emotional connection employees feel towards their places of work, all of which drives not only their motivation but also their productivity and ultimately efficiencies. Offering a flexible working arrangement to your employees is in itself a good way to motivate and engage employees; by offering them the opportunity to manage their own work life balance in a way that suits their needs. But employers also need to ensure the sense of belonging is not lost amongst their team. It is important that employees are still connected to their colleagues while working remotely and, when they are together in the workplace, ensuring that a sense of collaboration and togetherness still exists, thus maintaining the culture of the organisation.
Identifying the drivers of engagement is a necessary first step for organisations looking to improve their overall performance. Organisations can increase engagement by adopting a systematic approach that aligns with the organisations framework of objectives. Some key elements include:
• Confidence in Leadership
This is particularly important when decisions are being made in relation to the roll-out of the hybrid working model. It is important to note that every organisation will not get the hybrid model right first-time, it will require testing, rearranging and continuous feedback from employees. In order for employees to really engage, they must believe that the leadership team not only values their opinion but also takes their opinions onboard when designing their hybrid working models.
• Collaboration
When employees work in teams and have the trust and cooperation of their team members, they outperform individuals and teams which lack good relationships. Great leaders are team builders and can create an environment which fosters not only trust but also collaboration. Employees who are cared about by their colleagues is a strong predictor of Employee engagement. As a result, an ongoing challenge for organisations is to gather employees to collaborate on organisational, departmental, and group goals.
• Effective Communication
Employees want to work for successful organisations and as such they want to know how they are contributing to that success. Employees need to know that their views and input count and are valued, to understand their organisations strategy and see how their work objectives are linked with their work areas business plan. A primary engagement priority should be clear and meaningful communication from leaders to employees. To assist organisation with effective communications, tools such as focus groups and opinion surveys are very effective.
In conclusion, moving from remote working to hybrid working is not feasible without careful consideration and communication with employees. There is no “one-size fits all” approach and every organisation will have their own specific set of strategic objectives, as well as employees having needs individual to them. But the key to the success of hybrid working in your organisation is ensuring you have the full support of your employees.
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