COVID-19 Workplace Safety Questions

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Covid-19 related reluctance or refusal to attend the workplace is nothing new, but as we enter a new phase of the pandemic, ‘Living with Covid’, developing case law will be of interest to employers who require or expect workers to attend the workplace on a full or hybrid basis. This blog considers the current guidance on workplace attendance, the recent Employment Appeal Tribunal’s (EAT) decision in Rodgers v Leeds Laser Cutting (a case looking at whether an employee had protection against unfair dismissal when refusing to attend work due to Covid related concerns), and some practical considerations for employers.

The UK government’s ‘Living with Covid’ plan came to full fruition in England on 1 April 2022, with remaining Covid-specific guidance now largely obsolete, and replaced with general public health guidance. This essentially treats Covid like other respiratory illnesses for individuals and business to manage, leaving employers with discretion on how to manage ongoing Covid risks in the workplace, and individuals encouraged to exercise personal responsibility. 

Employers are no longer required to consider Covid specifically in their risk assessments, nor have specific Covid mitigation measures in place, although they must continue to comply with their general health and safety obligations. Similarly, ‘work from home if you can’ guidance has been removed, although individuals with symptoms of a respiratory infection (including Covid), and who have a high temperature or do not feel well enough to work, or anyone with a positive Covid test, are advised to try and stay at home, working from home if possible, and to avoid others. Individuals who cannot work from home are advised to discuss options with their employer. Continue Reading Covid-19 related refusal to attend the workplace

This article supplements our earlier article about the April 15, 2020 worker safety order issued by the Pennsylvania Department of Health (DOH).  The order requires essential businesses in operation in Pennsylvania to implement new workplace requirements, including a mandate for all workers to wear masks.  DOH accompanied the order with a guidance, which was available shortly after issuance of the order.  Unlike the order, the recommendations in the guidance are not mandatory, and are in some ways broader than the requirements of the order.  The order became effective immediately upon its issuance, with enforcement scheduled to begin at 8:00 p.m. on April 19, 2020.

In the days after issuance of the order, various advocacy groups raised a variety of questions about the new requirements.  DOH has now responded with a publication it calls COVID-19 Workplace Safety Questions.  This document is in the nature of Frequently Asked Questions.  The information provided in the more than 50 FAQs is not organized into categories.  This article organizes some of the key points into four categories: masks; definition of “probable” case; temperature screening; and enforcement.Continue Reading Pennsylvania Health Department answers FAQs about worker safety order