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A Kurdziel  
#1 Posted : 26 June 2020 09:21:11(UTC)
Rank: Super forum user
A Kurdziel

Have a look at this.  https://inews.co.uk/news/politics/government-covid-19-guidelines-rules-coronavirus-safety-reopening-business-jail-454377

I think it looks like chest thumping from the government. The way that current laws are drafted it is clear that the employer is only responsible for work related risks and it has been argued (on this forum) that of itself Covid 19 is not a work related risk but a public health issue unless you are in clinical setting etc.

But given the  response to the pandemic the following might happen: As there is nothing in Health and Safety law specifically about Covid 19, a court could decide that the existing duty of care on employers might extend to any sort of work based risk. This would establish a new precedent, where there is a duty on employers to protect staff from ANY work-based illness, will they be held liable for someone catching flu at work or food poisoning if an employee brings in a cake to share with colleagues. I don’t think that this has been thought through by the Boris Johnson gang at all.

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Kate on 26/06/2020(UTC), HSSnail on 26/06/2020(UTC)
stevedm  
#2 Posted : 26 June 2020 09:31:31(UTC)
Rank: Super forum user
stevedm

...we are seeing an increase in regulators looking at the back to work and risk process (OH) recently...most when pushed are citing 'general duty of care' when looking at control measures...however most have no clue what to expect...mainly focused on face masks...but severly questioning social distancing..as with the gov it sems to be a bit of a s**t show...

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A Kurdziel on 26/06/2020(UTC)
chris.packham  
#3 Posted : 26 June 2020 09:38:05(UTC)
Rank: Super forum user
chris.packham

Kate - when did BoJo ever think anything through? Isn't it his shadow that does the thinking with BoJo just the front man?

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A Kurdziel on 26/06/2020(UTC)
biker1  
#4 Posted : 26 June 2020 10:57:47(UTC)
Rank: Super forum user
biker1

If the sanctions are in response to specific legislation, then understandable, although whether these can be classed as mainstream h&s laws is debatable. I think courts will be very reluctant to extend the duty of care for other things that could be considered everyday risks, as the floodgates would well and truly be opened.

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A Kurdziel on 26/06/2020(UTC)
peter gotch  
#5 Posted : 26 June 2020 11:07:13(UTC)
Rank: Super forum user
peter gotch

I look forward to the announcement of the massive increase in funding so that the HSE can recruit (and train) lots more Inspectors (and support staff) to enforce all these threats from HM Government (probably with some Covid-19 or pandemics in general legislation - to distinguish from expecting employers etc to protect against all transmissible diseases).

Now this would be a Brexit Government diverging from European standards but still maintaining at least equivalent standards. Will it happen?

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A Kurdziel on 26/06/2020(UTC)
biker1  
#6 Posted : 26 June 2020 11:31:06(UTC)
Rank: Super forum user
biker1

Quite so. If were are expecting the HSE to play an effective part in enforcing these regulations, then they will need the resources to do so, similarly for the police. This would reverse the trend of cutting back services that has been a feature for many years. Will a Tory government with their ideology actually do this? It is also worth bearing in mind the amount of expenditure by the government that has been necessary in the last three months, and the need to claw at least some of this back, so there is unlikely to be an appetite for increasing resources. A law that cannot be effectively enforced might as well not be on the statute book.

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A Kurdziel on 26/06/2020(UTC)
John Murray  
#7 Posted : 27 June 2020 09:56:17(UTC)
Rank: Forum user
John Murray

If the govt is to obtain a trade agreement with the USA. they will not be able to maintain standards equivalent to the EU.

The divergence is going to be stark. It is simply not possible for any equivalence to exist in food standards, and employment standards will also take a hit.

Originally Posted by: peter gotch Go to Quoted Post

Now this would be a Brexit Government diverging from European standards but still maintaining at least equivalent standards. Will it happen?

peter gotch  
#8 Posted : 27 June 2020 10:43:47(UTC)
Rank: Super forum user
peter gotch

John, could well be how some in Government would like to go.

Some are wistful about the "good old days" of the Empire. You only to have to look at one MP so distraught about the toppling of a slaver, wanting his statue to be relocated from Bristol to Kent, where he could be erected to watch over the Channel and deter would be asylum seekers who just happen to mostly be of the "wrong" colour.

Edited by user 27 June 2020 10:45:22(UTC)  | Reason: Font change and addition of quotes to clarify that I am NOT in the same camp

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aud on 02/07/2020(UTC)
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