What does my Employer have to do to Protect me from COVID-19?

Employers have a legal duty to make the workplace safe for all staff. It’s the employer’s responsibility to regularly carry out workplace risk assessments and take steps to reduce COVID-19 risk. Employees also have a responsibility to follow safe working practices.

There is a range of information and advice available for employees on COVID-19. These cover such areas as:

  • Who can go into the workplace
  • Self isolation and sick pay
  • Protecting yourself as a PA at work and protecting your employer and others
  • Government Guidelines and employer requirements
  • Getting the vaccine
  • Access to PPE and testing
  • Long COVID
  • Other financial support
  • Standard Infection Control Precautions (SICPs)

ACAS has produced a range of information on COVID-19 for employers and employees, which you can find here: https://www.acas.org.uk/coronavirus

The Scottish Government has also produced guidance for businesses and workplaces on reducing the risk of COVID-19 and supporting staff and customers, which can b3e found here: https://www.gov.scot/publications/coronavirus-covid-19-general-guidance-for-safer-workplaces/

COVID still remains a concern for public health and therefore employers are encouraged to continue with all protective measures identified by their risk assessment, to make appropriate adaptations to workplace practises and to maintain a vigilant approach to managing COVID-19.

Employers are encouraged to continue following the advice in the COVID-19: Fair Work Statement. It states that no worker should be financially penalised by their organisation for following medical advice, and any absence from work relating to COVID-19 should not affect future sick pay entitlement, result in disciplinary action or count towards any future sickness absence related action.

Face coverings when in close contact with people

For close contact treatments provided to the face, mouth or nose area people, must follow any advice given. Individuals who have received two doses of the COVID-19 vaccination and a booster are still required to follow the rules on face coverings.

Risk assessments

Staff are at the highest risk of exposure to COVID-19 when working in close proximity to the face, nose or mouth of another person. For this reason, risk assessments should be carried out to consider what measures need to be implemented to protect the health and safety of all staff and PA employers, including whether or not to carry out the support required.

Risk assessments and COVID-19

The requirement for every employer to explicitly consider COVID-19 in their risk assessment will be removed on 1 April 2022.
The most important thing is what is actually done to manage and control risk associated with COVID-19 in the workplace.

Public Health Scotland has published guidance on how to carry out risk assessments that sets out further detail on managing workplace public health risks

The Scottish Government are encouraging employers to take the needs of those on the Highest Risk List into consideration when completing a risk assessment.

For those PAs returning to the workplace it is advised that employers carry out an individual risk assessment to look at your individual risk. This can help individuals and employers to discuss any additional changes that may be needed to make the workplace and duties safer.

Employers are encouraged to consult closely with employees on the Highest Risk List

Managing risk in the workplace

Employers can manage risks to their PAs by:

  • Encouraging staff to wear face coverings in enclosed, busy areas, or places which are less well ventilated
  • Maximising ventilation and the use of outside space if possible
  • Reinforcing enhanced cleaning, particularly of frequently touched surfaces, and hygiene measures such as providing alcohol based hand sanitiser
  • Supporting the distance aware scheme
  • Encouraging staff to travel safely when going to and from the workplace. PAs should not travel to work or car share if you have symptoms of coronavirus
  • Vehicle sharing at work involves close contact with other individuals therefore, PAs should wear face coverings, ensure vehicles are well ventilated by opening windows and clean after each journey
  • Protecting those at highest risk via conducting an individual risk assessment
  • Continue to support workers to follow self-isolation guidance. From the end of April 2022 anyone experiencing COVID-19 symptoms will be advised to stay at home
  • Reducing the overall contacts between people
  • Regularly communicating with employees
  • Developing plans to adjust shift patterns to protect the workforce
  • Reducing the need for travel at peak times and providing opportunities for flexible working
  • Continuing to work with staff on health and safety matters such as providing training around any new processes and protocols introduced
  • Considering available resources to support the welfare and mental health of staff
  • Encouraging the uptake of vaccination

Working hours

Employers should be mindful of the issue of overworking and should support staff to set clear boundaries between work and home-life.

Employers should be mindful of the legal requirements for rest breaks:

  • At least 20 minutes break during each working day lasting longer than 6 hours
  • The time period between stopping work one day and beginning the next is not less than 11 hours
  • Have at least one complete day each week when no work is done

Employers should ensure that their staff take their contractual paid leave if they wish – in order to comply with Working Time Regulations paid leave entitlements, and ensure rest and employee wellbeing.

Vaccination

Employers can help encourage vaccine take up by:

  • Supporting staff to get the COVID-19 vaccine once it is offered to them. This may require paid time off to attend the appointment
  • Encouraging vaccine take up by sharing the benefits of being vaccinated with staff. It could help to display material from the NHS COVID-19 vaccination marketing toolkit which includes information leaflets in a number of languages

Scottish Government Guidance on working in other people’s homes

When working in other people’s homes, it is still important to take actions and implement measures to limit the risk of transmission of the virus. This is important for limiting the risk to yourself/your staff, but also the risk to those living in the house where the work is taking place.

The following should be considered by businesses, staff and householders where the work is undertaken:

  • Before entering another person’s home, workers should undertake a LFD test on the day, prior to attendance and only proceed if a negative test result has been obtained
  • Householders should also undertake a LFD test on the day, prior to the visit
  • we are encouraging householders, particularly those on the Highest Risk List, to ask people who are working in their home to take an LFD test first
  • If anyone in the house is self-isolating, staff should not enter unless the work required is essential/an emergency
  • As with any workplace, risk assessments are important in identifying risks and how they can be controlled. Even if self-employed or an individual contractor, you should undertake a risk assessment for working in someone else’s home that covers COVID-19
  • Staff should wear a face covering, especially when moving through the home or engaging with any of the householders. They may want to ask members of the household to wear a face covering when engaging, though it should be remembered that not everyone is able to wear one. Ventilation of the workspace/ home should be maximised to allow circulation of fresh air
  • Workers should try to keep a reasonable distance from individuals in the household
  • Individuals should consider keeping contact details of workers/householders for contract tracing purposes
  • When travelling to/from the work location, consider the relevant guidance

Standard Infection Control Precautions (SICPs)

SICPs are the basic infection prevention and control measures necessary to reduce the risk of transmission of infectious agent from both recognised and unrecognised sources of infection.

The Scottish Government has set out the SICPs that are to be used by all staff, in all health and care settings, at all times, for all service users, whether infection is known to be present or not to ensure the safety of those being cared for, staff and visitors in the care environment.

As PA employers have the responsibility for health and safety of their staff members, it will be the responsibility of PA employers to assess risk from COVID19 and to put in place appropriate Infection Control Precautions.

Next steps

Take a look at the resources available below to guide you in more detail.

Part of
Last Updated
13 July 2022
First Published
01 April 2022
Was this article helpful?

Resources

Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.