Full letter from the TUC to Rt Hon Kwasi Kwarteng MP, Secretary of State, BEIS
Dear Kwasi
Living with Covid
I am writing to raise our concerns about new requirements on workplace risk assessments set out in the government’s ‘Living With Covid’ guidance published on 21 February.
In paragraph 60, the guidance advises employers that there will no longer be a requirement to consider Covid-19 in workplace risk assessments:
- Remove the health and safety requirement for every employer to explicitly consider COVID-19 in their risk assessments.
The TUC is concerned with how this advice contradicts employers’ existing duties to assess all risks to employers and other persons’ health and safety and to consult the workforce on changes to safety management.
The statutory duty under the Management of Health and Safety at Work Regulations reg.3(1) instructs employers to ‘make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work and the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking’.
Any risk to health must be incorporated in a risk assessment. As with any airborne virus, there obviously continues to be a risk of infection posed by Covid-19. In addition, employers should also be acknowledging risk of Long Covid.
We need to ensure employers continue to comply with existing legislation and regulation. Furthermore, employers are also duty-bound to consult with trade unions (where they are recognised) and the workforce on any plans to change risk management. This is an important regulatory responsibility, which helps to make sure everyone knows their role and responsibility in managing safety at work, and the plans in place to protect them.
We would appreciate clarification being made to the document that sets out employer duties required by existing legislation and regulation and reiterates the importance of workforce (and trade union) consultation as part of the risk assessment process.
Given that this guidance is due to take effect from 1 April, we would welcome your confirmation of these changes at the earliest opportunity.
Yours sincerely
Frances O’Grady
TUC General Secretary