Health and safety guidance for businesses

Businesses have been seeking clarification from Moray Council about Scottish Government guidance for employer’s duties under Health and safety at work legislation as it applies in the current lockdown.

The Scottish Government introduced the emergency measures under the Health Protection (Coronavirus) (Scotland) Regulations 2020, which places restrictions on the opening of certain business premises and social gatherings.  It also provides for enforcement of these regulations.

These regulations mainly impact on retail, leisure and accommodation providers. A full list of business types affected are given here:  https://www.gov.scot/publications/coronavirus-covid-19-business-and-social-distancing-guidance/pages/businesses-and-premises-which-must-close/ -

Businesses not listed should adhere to Scottish Government guidelines, which mean that businesses that are not required to close by law must consider whether what they do is essential to efforts in the fight against the virus.

Employers must also demonstrate that they can provide their workforces with reassurance that they are consistently practicing safe social distancing while at work and complying with all other standard health and safety requirements.

If the answer to either of these questions is no, workplaces are advised to close and seek support from the various assistance schemes available. Details here https://findbusinesssupport.gov.scot/coronavirus-advice

In the context the duty of care, and the health and safety which employers owe to their employees, all businesses that continue to operate must complete a risk assessment. That risk assessment should include the ability for employees to social distance, access welfare facilities and/or hand sanitiser, travel safely to work, and the ability to work from home where possible.

By following government guidance on self-isolation, staying at home, social distancing and hand washing it is anticipated that most businesses will comply with the requirements of the Health and Safety at Work Act 1974 and its associated legislation.

Companies which concerned about the application of guidance should seek advice before placing staff at risk.

This advice and other support is available from Moray Council’s Environmental Health officers, who can be contacted on environmentalhealth@moray.gov.uk