Update for employers: protecting health and safety and preparing for the return to work
This is the second in our global employment briefing series focusing on the challenges employers face as a result of the COVID-19 crisis and providing a practical resource for dealing with the key issues employers will encounter.
We include below comments on some of the key legal requirements for protecting health and safety at work, updated government recommendations in the context of the COVID-19 crisis and lessons learnt from the first COVID-19 related legal cases brought against employers.
In part II of this series we focus on:
- health and safety issues and the latest requirements adapted to the COVID-19 crisis to protect the workforce and reduce the risk of claims;
- how to organise the return to the workplace for employees who have been working from home or who have been on partial activity/furloughed;
- ensuring compliance with European and national data protection requirements in relation to health data collected by employers in the context of COVID-19;
- how the crisis may have accelerated trends for the future of work.
Protecting the health and safety of workforces
Psychological support measures for employees
Data protection restrictions on collecting and retaining employee health data & best practice
Risk of claims from employees or trade unions/employee representatives
Impact of the crisis on the future of work?
Sources for further government advice
France
Germany
Italy
Spain
- Ministerio de Trabajo y Economía Social l Guía para la actuación en el ámbito laboral en relación al nuevo coronavirus
- Ministerio de Sanidad, Consumo y Bienestar Social l Enfermedad por nuevo coronavirus, COVID-19
The Netherlands
- Government of the Netherlands l Coronavirus COVID-19
- Ministry of Health, Welfare and Sport l Current information about the novel coronavirus (COVID-19)
United Kingdom
- GOV.UK l Guidance for employers and businesses on coronavirus
- Advisory, Conciliation and Arbitration Service l Coronavirus: advice for employers and employees
- Advisory, Conciliation, and Arbitration Service l Homeworking, a guide for employers and employees
- Health and Safety Executive l Homeworkers: guidance for employers on health and safety
- Information Commissioner's Office l Data protection and coronavirus: what you need to know
Australia
- The Australian government regularly updates its information here, and Safe Work Australia provides useful information in managing safety risks associated with COVID-19.
- Specific additional information regarding each of the States and Territories can be found below:
Singapore
- Ministry of Manpower
- Ministry of Health
- Requirements for Safe Management Measures at the workplace after Circuit Breaker period
Vietnam
- Ministry of Labour, Invalids and Social Affairs
- Ministry of Health
- Ministry of Health's advisory on 3 March 2020
Thailand
United States
- COVID-19 Guidance from the Centers for Disease Control
- COVID-19 OSHA Guidance
- Coronavirus and COVID-19: EEOC
Key contacts
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2023