HSE will take enforcement action against non-compliance with social distancing
If it comes to the HSE’s attention that employers are not complying with relevant public heath guidance (by enabling social distancing when it is practical to do so before personal protective measures), it will consider a range of actions ranging from providing specific advice to employers through to issuing enforcement notices, including prohibition notices, the health and safety body has said in a joint statement with The Partnership on Health and Safety in Scotland.
Acknowledging that most employers are going to great lengths to ensure social distancing, the statement reminded businesses that local authorities also have enforcement powers in specific premises under health and safety legislation, as well as powers – including to be able to close non-essential businesses – under new public health Coronavirus legislation in Scotland.
“This is an extremely worrying time for businesses and workers,” the statement said. “We know many workers, union reps and employers have questions and concerns about safe working – especially for those continuing to attend a place of work away from their homes.
“This statement is intended to clarify the position. The health and safety of workers remains paramount. Employers must continue to provide workers with information about risks to their health and the actions their employers must take.
“We have high expectations of how fair work principles should be applied during the current crisis. This means an approach where workers, trade unions and employers work together constructively to reach the right decisions on all workplace issues that arise throughout this crisis. The dimensions of fair work as defined by the Fair Work Convention – effective voice; security; respect; opportunity and fulfilment, applied to the current context – offer a framework for taking these decisions.”
Social distancing is a key public health measure supported by the Scottish Government to reduce the spread of infection but certain businesses are required to close by law. Businesses unsure of their options should visit www.gov.scot/news/social-distancing-guidance-for-business/. Those that can safely stay open must also follow government guidance.
related content
