On the 9th May 2020, the Government of Trinidad and Tobago announced its intention to reopen the country on a phased basis, following the shutting down of businesses to combat COVID-19. The Government has proposed this reopening in three main phases. The proposed first phase is set to commence on May 11th 2020 and envisions the reopening of restaurant and food services, with the third phase eventually leading to the return of all public servants to work.
Given the proposed phased reopening of the country, what is clear is that employers will now need to consider how they will start to move their employees back into the office.
Although the exact approach taken by employers will need to be tailored to their specific workplace, one of the main concerns relevant to everyone is whether there is an obligation on an employer to provide a safe and healthy working environment and the means by which this can be achieved.
To assist with this planning, we have addressed some factors that employers may consider.
Protecting the health and Safety of Employees
An employer's legal obligations
Generally, employers have a duty to look after the health and safety of their employees. This general duty can be found in the following sources:
The Occupational Safety and Health Act Ch.88:08 provides that employers are under a duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees (s. 6(1)). This potentially extends to, among other things, the following:
- the provision of information, instruction, training and supervision to ensure the safety and health at work of his employees (s. 6(2)(d));·
- as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks; (s. 6(2)(e));·
- the provision and maintenance of a working environment for his employees that is safe, without risks to health, and adequate as regards amenities and arrangements for their welfare at work (s.6(2)(f);
Failing to comply with these obligations could potentially leave employers exposed to claims by employees. Should the above situation arise or if you wish to ensure that you are complying with your legal obligations, seek legal advice.
Steps to protect the health and safety of employees in the workplace
It is understandable that with this novel pandemic, it may be difficult for employers to determine the adequate and appropriate measures to implement to sufficiently protect their employees. However, the following may prove helpful.
Risk assessment
Under the Occupational Safety and Health Act Ch.88:08, an employer is under a duty to assess the risk to the safety and health of employees to which they are exposed to whilst at work (s.13A).
Although the legislation states an annual assessment ought to be done, it is arguable that given the current state of affairs, employers ought to conduct a risk assessment of all of the work activities carried out by their employees, to identify the potential degree of risk before any return to work.
This risk assessment ought to continue even after employees have returned to work and may assist employers in determining the appropriate measures to implement to assure the health and safety of their employees at the workplace.
Practical tips for preparing the workplace
Employers ought to consider how to ensure that their workplace is a safe and healthy environment for their returning employees. Employers can consider the following suggestions, many of which have been recommended by the World Health Organization and the Ministry of Health:
- Wipe surfaces, such as desks and tables and objects, such as telephones and keyboards with disinfectant regularly.
- Provide disposable wipes so that commonly used items and surfaces can be wiped down by employees before each use.
- Promote regular and thorough hand washing by employees, contractors and customers and ensure that staff, contractors and customers have access to places where they can wash their hands with soap and water.
- Put sanitizing hand rub dispensers in prominent places around the workplace and ensure they are regularly filled.
- Display posters promoting hand washing, some of which are available at the Ministry of Health’s website: http://www.health.gov.tt/sitepages/default.aspx?id=299.
- Combine this with other communication measures such as offering guidance from occupational health and safety officers, briefings at meetings and placing information on the intranet to promote hand washing.
- Promote good respiratory hygiene in the workplace by displaying posters promoting respiratory hygiene. Combine this with other communication measures such as offering guidance from occupational health and safety officers, briefings at meetings and information
on the intranet. - Ensure that face masks and/or paper tissues are available at work places, for those who develop a runny nose or cough at work, along with closed bins for hygienically disposing of them.
- Provide an area for employees to go if they present with Coronavirus symptoms at work.
- Brief your employees, contractors and customers that if COVID-19 starts spreading in your community, anyone with even a mild cough or low-grade fever (37.3 C or more) needs to stay at home.
- Rearrange desks and workstations to ensure that these are the requisite distance apart and/or
not facing each other. - Limit the number of people who are in the office at any one time. This could include, for example, rostering staff by creating two teams and requiring each team to attend the office on alternate days or weeks.
- Provide face masks for employees to wear and provide information on how they should be used, depending on Government guidance or International health standards.
- Allow employees who travel in on public transport to have more flexible start and finish times to allow them to avoid any rush hour.
Restrict employees from attending non-essential meetings or work social events. - Temporarily close any common areas where social distancing will be difficult to achieve, such as workplace cafeterias.
