Many of Scotland’s businesses are beginning to see the first signs of light at the end of the tunnel as we slowly emerge from lockdown measures. Last week the First Minister set out the Scottish Government’s five-phase plan in the easing of restrictions. While this gives an order in which things will happen, there’s no clarity on dates as this remains dependent on the level of progress made in reducing the risk of spreading the coronavirus.

What we do know in terms of timescales is that we should move to Phase 1 on Thursday and schools are due to reopen under a part-time model on 11 August as part of Phase 3. The First Minister had previously referred to construction, retail and manufacturing companies as well as some outdoor and rural businesses being given particular consideration. In last week’s announcement, however, the Scottish Government only stated it was planning for the construction sector to begin preparations for a return, but gave no set date yet as to when non-essential works will be allowed to resume.

As we await further clarification on when businesses can reopen, it is now time for employers to prepare for the new normal in terms of ensuring health and safety within the workplace. The starting point for this is for organisations to apply the existing principle that they must do all that is reasonably practicable to ensure employee safety including assessing risks and implementing a safe system for working. The risks have, however, changed so employers must now take additional proactive steps.

Planning is an essential part of this process. While the requirements will differ by sector, a key consideration for virtually all employers is to ensure adequate welfare facilities for hand washing and increased cleaning regimes are put in place. Many businesses will also need to take measures to ensure physical distancing in the workplace such as floor markings, one way systems, restricted shared areas and staggered shifts in order to manage numbers.

Given the human and economic implications of a further outbreak of the pandemic, issuing guidance for employees to read through in their own time will not be sufficient. Employers will need to be clear and concise in their communication with staff, contractors and sub-contractors as they return to the workplace and ensure that the need for compliance with new health and safety measures is promoted on an on-going basis.

Organisations operating across the UK must also be aware of the differences between jurisdictions and ensure they are being compliant with the different approaches being taken. While the Health and Safety Executive (HSE) retains UK-wide responsibility, there are additional regulators also operating in certain aspects of workplace safety matters, including local authorities, the Care Inspectorate (in Scotland) and the Care Quality Commission (in England and Wales). Meanwhile the Scottish Government, Health Protection Scotland and NHS Inform are the key sources for public health information for Scotland as opposed to the UK Government whose guidance may not always be relevant north of the border.

The HSE has already highlighted what dangers could lie in store as employees return to their workplaces when it warned of an increased risk of legionella caused by closed or the reduced occupancy of buildings during lockdown. This risk, which applies to any office environment and numerous sectors including retailers, hair and beauty salons, gyms, sports clubs and hospitality businesses, is particularly significant due to the increased susceptibility to legionella of those whose respiratory systems have been compromised by COVID-19. 

As we await the roll out of the Scottish Government’s five-phase plans, it is essential for all employers to start their own planning for a safe reopening of workplaces. This means developing a detailed plan based on the latest guidance from their appropriate government and regulatory body. This should also outline how they are doing all that is reasonably practicable to keep their workers safe and prevent the spread of the coronavirus.

Not only will this approach protect their workforce but it will also stop further spread of the pandemic and help ensure we are better placed for economic recovery once this prolonged period of lockdown is phased out.

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