Covid 19 - Duties of Employers to Workers

10 April 2020

As many of us are set to enjoy to a break at home with our families this Easter weekend, some key workers and others are having to go out to work.

As we proudly applaud our NHS workers in what has become a poignant, somewhat emotional weekly ritual for the nation, we must remember all of those for whom duty calls at this time - including those who stack our shelves, empty our bins and deliver our goods.

Whatever your role during this time, if you are required to work then your employer has a statutory duty to provide you with a safe working environment and they are legally bound to protect the health and safety of all their workers. Under the Reporting of Injuries, Diseases and Dangerous Occurences Regulations (NI) 1997, employers must report relevant incidents to the Health & Safety authorities. Recent guidance has clarified that this includes incidents at work which have led to someone’s possible or actual exposure to Covid 19.

The Health and Safety Executive for England and Wales has published guidance highlighting the circumstances where a report must be made. This includes where a worker has contracted Covid 19 and there is reasonable evidence that this has been contracted at work. In the unthinkable circumstance where a worker dies as a result of Covid 19, this must always be reported to the Health and Safety Executive as a work-related fatality. If something happens in work which could result in the spread of Covid 19, this too should be reported. Employers should note that whilst this guidance is not yet mandatory in Northern Ireland, it is good practice to adhere to it.

In the very unfortunate event of a serious case of Covid 19, most particularly in circumstances where there is an allegation of a lack of Personal Protective Equipment, it may be that legal advice is required in order to assist such workers and their families. Our solicitors are here to help in such circumstances.

For any industrial injury query, please contact Martin Hanna on mhanna@fhanna.co.uk or telephone 028 9024 3901.

In light of Covid 19, we have changed the way we work. All of our solicitors are working remotely and are available, preferably by email, but also by phone. We wish all of our clients and colleagues a happy and safe Easter break.