As an employer, you have a legal duty to protect workers from harm. You should make sure you consider the risk to workers who are particularly vulnerable to coronavirus (COVID-19) and put controls in place to reduce that risk.
Supporting workers in higher-risk groups
The Public Health England report Disparities in the risk and outcomes of COVID-19 shows that some groups of people may be at more risk of being infected and/or an adverse outcome if infected.
The higher-risk groups include those who:
- are older males
- have a high body mass index (BMI)
- have health conditions such as diabetes
- are from some black, Asian or minority ethnicity (BAME) backgrounds
The full findings can be found in the report.
There are currently no expectations of additional controls for these groups. But make sure your existing controls (social distancing, good hygiene and cleaning, ventilation, supervision etc) are applied stringently. As an employer, you need to support these individuals/groups in your workforce. You should support them by ensuring:
- you emphasise the importance of individual and wider workforce engagement, buy-in and cooperation to ensure controls are applied stringently
- they have individual discussions with their managers around their particular concerns
- you/they discuss the risk management measures you have put in place to minimise transmission to keep them, and others, safe
- you explain the controls you will put/already have in place to protect them and other workers
Clinically extremely vulnerable workers
During the pandemic, the government has defined some people as clinically extremely vulnerable (previously described as shielded).
These workers are at increased risk of severe illness from coronavirus. Since August, clinically extremely vulnerable workers can return to their workplace as long as it is COVID-secure but should carry on working from home wherever possible.
Supporting clinically extremely vulnerable workers returning to work
You should talk to clinically extremely vulnerable workers about their working arrangements and, where possible, enable them to work from home. You may also be able to offer alternative duties or change working patterns temporarily.
Where it is not possible for workers to work from home, you must regularly review your risk assessment, and do everything ‘reasonably practicable’ to protect those workers from harm.
It is important to explain what will be done to protect them, in making the workplace safe and COVID-secure.
By consulting and involving clinically extremely vulnerable people in the steps you are taking to manage the risk of coronavirus in your workplace, you can hear their ideas and make sure changes will work, for example doing tasks where strict social distancing guidelines can be followed.
This also applies to workers living with someone who is clinically extremely vulnerable.
You can find more advice on shielding and protecting vulnerable people on GOV.UK.
Local lockdown areas
Clinically extremely vulnerable workers who live in an area where additional public health measures resume shielding, are advised to stay at home and shield. They should work from home where possible, and not attend a workplace within the area where local restrictions are in place.
Clinically extremely vulnerable workers who live outside of that lockdown area may request a shielding letter as proof for employers that they cannot attend their usual workplace.
In the event of a local lockdown, visit your local authority’s website for further guidance and follow the public health guidance for the local area.
During the pandemic, pregnant workers have been advised to follow strict social distancing to reduce the risk of severe illness from coronavirus.
There is a long-standing requirement for employers to put in place measures to ensure workplace safety where a significant health and safety risk is identified for a new or expectant mother.
Some pregnant workers will be at greater risk of severe illness from coronavirus. They are defined as clinically extremely vulnerable and can return to their workplace as long as it is COVID-secure but should carry on working from home wherever possible.
Employers will need to take this into account in their risk assessment.
If you cannot put the necessary control measures in place, such as adjustments to the job or working from home, you should suspend the pregnant worker on paid leave. This is in line with normal requirements under regulation 16(3) of the Management of Health and Safety at Work Regulations 1999.
HSE has specific, non-COVID advice for new and expectant mothers.