Childcare Counsel: Covid-19 risk assessments

Hannah Belton
Tuesday, September 1, 2020

Hannah Belton, director and head of employment law at Morgan LaRoche, on risk assessments around Covid-19

Covid-19 health and safety duties

Employers have duties under the HSE ‘Covid-secure’ guidelines, while thecurrent requirement to undertake a Covid-19-specific risk assessment is covered by the Management of Health and Safety at Work Regulations 1999.

Carrying out a risk assessment

HSE suggests that the minimum an employer must do in an assessment is:

  • identify what hazard in the business could cause illness or injury
  • decide the likelihood of risk and how serious the harm
  • take action to eliminate the hazard if possible, or to control the risk.

The assessment must be in writing, where there are five or more employees; and with a staff of more than 50, at least a summary should be published on the employer’s website.

Assessment information

Employers must then provide employees with ‘comprehensible and relevant information’, primarily on:

  • the risks to their health and safety
  • preventive and protective measures that the employer needs to take to comply with its legal obligations
  • the procedures to follow in the event of serious and imminent danger to persons at work.
  • The Covid-related matters that need to be covered include:
  • intentions to emerge from lockdown in line with the Government’s advice
  • steps taken to inform its position and its meaning for employees, including return to the workplace, proposed changes to terms and conditions of employment or redundancies
  • workplace changes the employer has made to enable and support a return to work, requirements of employees when at work and support available to employees
  • staff requirement to remain vigilant about their health and the health of their household and the requirement to self-isolate if they start to experience symptoms of Covid-19.

For further advice, please contact hbelton@morganlaroche.com

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