It would be interesting to hear what companies are doing now that COVID guidelines have changed? and legally there is no need to self isolate.

So are you still allowing staff to come in with a postive test or do you send them home anyway?

If you allow staff in do you put controls in place, e.g seperate them from the rest of the team, ask them to wear a face covering and open windows for ventilation?

We have just been told that we can issue the stock of Department of Health lateral flow test kits(we are an educational establishment)  to people. A few weeks ago we were told that we were to stop issuing them and that the government might want them back. Today we can issue them out again but only if the person receiving them  passes one of two criteria; If they are working with vulnerable  people  or if they want to confirm that they are clear of infection after testing positive for the virus BUT we are not allowed to issue them for people who have not had a test yet but might have an infection ie day one people. So as we cannot issue them for day one people, so  there will not be any day 5 people but we could issue them on day 5  if there are day 1 people  but there aren’t so we can’t! I think that’s Catch-22!

At the minute we are encouraging staff to follow the guidelines to isolate and are planning to continue to do so after the 1st April, though it will be much harder at this point. We have only just removed the requirement to social distance and still have other controls in place. 

It is such a challenge to get this right, but once people can't get hold of free tests I think that is when everyone will see the real challenges as people will not buy tests and will say it is just a cold and carry on!

As a construction company we are following the guidance from Build Uk which states that following a positive test the individual should undertake another lateral flow test on day five and if this is negative undertake another  test on day six, if this is again negative return to work.

My daughter has recently tested positive and she works in the banking sector and the above was also applied by her employer.

Hope this is of assistance.

Allan 

Of course you can ask staff to stay from work if they think they have an infectious disease be it covid, flu or norovirus. There is to much presentism in this country, where people turn up just to be counted.  

Originally Posted by: kc1a06

I would have thought, employers must find out who has a serious medical condition, disability, long Covid  and takes all reasonable steps to prevent harm on that person

and step straight in to litigation by going Over The Top (remember the miss-management of English care workers & front line NHS staff with the mandatory vaccination policy to "protect the vulnerable") or not doing enough

you can't ask and you can't force despite what the baying mob were spouting at the end of last year

Originally Posted by: kc1a06

I would have thought, employers must find out who has a serious medical condition, disability, long Covid  and takes all reasonable steps to prevent harm on that person 

The employer can’t insist the employee provide them with medical information (there may be a couple of exemptions to this), but generally no. Therefore, you may not know who the vulnerable are and more importantly who may have covid.

Nope it’s just a cold, honest guv, no not lying, I like to cross my fingers behind my back its comforting. If I would get sick pay, I might have covid, but I’m not paying for or taking a test and you can’t make me. Even if I have taken a medical test, I don’t have to tell you the result. It’s just a cold I can’t afford to have covid because you don’t pay me enough.

So as far as I can see anything a company puts in place around this is unenforceable. The only ones who will comply are the genuine honest people who can afford to be off and those wishing to skive.

Chris

There was a legal duty to inform your employer but this is one of the measures that have recently been abolished.

Except that in Wales a site-specifc Covid risk assessment is still a legal requirement until at least the 14th of April, when the situation is next due for review 

“From Monday, face coverings will no longer be required by law in retail settings and on public transport, though they will continue to be recommended in public health advice.

And the requirement to self-isolate will also move into guidance. A £500 self-isolation payment to support people will continue to be available until June.

However, 2 key legal protections will remain in place as coronavirus cases have risen sharply in recent weeks, driven by the BA.2 sub-type of the omicron variant.

Face coverings will remain a legal requirement in health and social care settings and coronavirus risk assessments must continue to be carried out by businesses, with reasonable measures put in place in light of those assessments." ​​​​​​​https://gov.wales/coronavirus

Regulation 16 of the Health Protection (Coronavirus Restrictions) (No.5) Wales Regulations 2020, as amended

I knew someone would question it, thats why its a direct quote from last weeks First Minister's press statement and link to the Welsh Government website to check up 

You could try looking at ammedment no 8?

And yes guidance nearly always follows on (slowly) from the regulatory changes

If you're based in Wales you of coursee have the option to disregard the quote I've supplied - like you can ignore any legislation / regulation - you just look awfully stupid when you get caught out! 

As for me, I'm making sure that there is a document that refers to covid for our new location (in Wales) when it is formally handed over to us at the end of this month

Already on record as saying much the same as others, that this is a public health matter and not H&S, but unfortunately, here in Wales our legislators see differently 

Originally Posted by: pseudonym

You could try looking at ammedment no 8?

The amendment number 8 does not appear to amend reg 3. The last change to reg 3 was as below which changed it to 28/03/2022, when it states these regulation expire ?

F1  Words in reg. 3 substituted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(2)

 What are you referring to in amendment 8 ? I have a couple of sites in Wales, so this is of interest for me. Are you are saying that that The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) regulations 2022 is still in force.

Chris

What are you referring to in amendment 8 ? I have a couple of sites in Wales, so this is of interest for me. Are you are saying that that The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) regulations 2022 is still in force.

Not having a go Pseudonym, just trying to get to the bottom of the issue, through the nightmare of amendments and thought you spotted something I missed.

As I noted earlier the guidance from 3 days ago still has the requirement to risk assess and it states this is under the HASAWA, which is contrary to that the English Government think as they have removed the requirement.

And I agree with the others was never really part of HASAWA or any of the legislation that comes under it as far as general workers or public are concerned.

This is a pain in the 8u77 for me as we have one office where the only real control, we could implement was 50% have to work from home, but now getting complaints about mental health. However, if I bring them back, we have zip other significant controls, due to age of building and its layout. So my RA will be short and along the lines of “no worse than going to the pub!” Despite rates rising again everywhere.

Chris

As an addition the Welsh Govenrment have just, today issued their updated guidance to the general public - Alert Level 0: guidance for the public - though still no sign (yet) of any simalar guidance document for business

And Chris42 - the very latest Welsh Guidance for business is available at

https://gov.wales/alert-level-0-guidance-employers-businesses-and-organisations-html

but not yet in downloadable pdf format

Originally Posted by: chris42

However the good news is that the HSE are to review their web page on this tomorrow, are we all holding our breath?

https://www.hse.gov.uk/coronavirus/working-safely/risk-assessment.htm

fortunatly before i moved into safety i was a SCUBA instructor - so I can hold my breath for a long time.

Hi pseudonym, no problem with you disagreeing this is after all a discussion forum. So, then I have to ask the question which piece of legislation calls for us to do a risk assessment specifically for Covid which is not a workplace hazard.

The legislation referred to in the posts above specifically in Wales have expired – no longer in force -so not law.

If you follow the links in the Welsh guidance document, we have both referred to, they take you to the general HSE web site and to the Management Regulations which is what calls for Risk assessment for workplace hazards. The Welsh Government are implying that it is covered by this legislation. I don’t think it is. However, if it is then it also applies in England. Then we have the situation that the English Government have stated it is not required anymore.

If the existing H&S legislation covers this issue, then why did the Welsh Gov create separate legislation calling for it and put a time limit on it.

So, the question which has been much debated on this web site is does everyone think that public health issues such as covid are covered by normal H&S legislation?

If it is, then we all have to have a risk assessment covering it, otherwise none of us do (both England and Wales). So, what are people views.

Chris

Chris42 - we are agreed on everything except  whether or not a site specific coronavirus risk assessment is legally required in Wales

A Kurdziel - thanks for the reference, but my point is that it is my view, having read an awful lot of the specifically Welsh guidance, FM statements and what bits of the law I can face on an empty stomach, that the legislators in Wales - the Welsh Government have actually kept this part of the legislation in force - as to whether anyone is every brought to account for breaching this legislation - in Wales Local Authority Inspectors have closed premises and brought fines for pubs and a cinema that I can recall - the HSE may or may not bother, we will find out in the fullness of time. But until it stops being the law, it is the law (at least until April 14th when the next review is due to take place)

Coronavirus (COVID-19) – Advice for workplaces (hse.gov.uk)

Quote from above -

"HSE no longer requires every business to consider COVID-19 in their risk assessment or to have specific measures in place. There is a requirement to protect those who will come into contact with the virus due to their work activity.

There is advice for people who may be at higher risk such as those who are immunosuppressed.

There is currently a specific public health requirement for a risk assessment and reasonable measures in Wales but this is not regulated by HSE."

So we are both "right" Chris -but as I said before - we're all free to do what we want to do. Since we are occupying a newly refurbished building next week and were visited by HSE earlier in the pandemic at our original site, I think it is prudent to have a site specific risk assessment in place for the new building. Do I think it makes sense - no

Originally Posted by: Holliday42333

I think its insightful that the HSE have dropped Covid as soon as possible but .gov have not changed their website guidance as promptly

I agree - like a lot of us I think HSE always felt it was a public health issue but were backed into a corner - also interesting to see they are now also quoteing that COSHH only applies to viruses when in a lab setting etc and not to respitory infections passed between collegues at work - its almost like they have been reading this forum!