Small employers facing ‘huge challenge’ to meet protocols to protect staff
Legal action and insurance concerns put businesses under pressure
EMPLOYERS under pressure from the fallout of the coronavirus pandemic have called on the Government to do more to help protect business owners.
From insurers refusing to pay out for business interruption, to the possible threat of legal action from employees, employers have spoken about the difficulties they are facing getting their businesses back up and running.
James Coghlan, who runs Astropark, Ireland’s largest astroturf facility, says the duty of care expected of employers in the current climate “simply isn’t feasible”.
Speaking to the Irish Independent, Mr Coghlan said the Government’s Return to Work safety protocol, which details a range of essential measures for businesses, was “designed for big companies, not for small companies”.
“I’m just hoping there’s enough PPE [personal protective equipment] in the country to allow people to comply with this protocol, but I don’t think this was considered as an issue when the document was designed,” he said.
“Of course the health and safety of staff is paramount. But it is also a written document which seems to transfer all the responsibility solely to an employer... there have been concerns raised about the shortage of PPE, so what happens if you are unable to get some, will you then possibly face a claim?”
Mr Coghlan had to temporarily lay off 35 staff as a result of Covid-19 and in recent years has seen the insurance premium for his business soar from €30,000 to more than €105,000.
“Before the Covid crisis hit, there were reforms planned to help businesses in terms of insurance, and that will now probably fall to the wayside.
“The document launched doesn’t seem to take into account whether you are a massive company like Google or a small company with 10 people. Many small businesses don’t have a HR employee for instance, so there will be a lot of pressure.”
As part of the back-to-work protocol, employers will be responsible for monitoring employees’ temperatures and providing for physical distancing across all areas of work.
Employers will also have to appoint a lead worker, who will be in charge of ensuring health measures are
“strictly adhered to” by staff.
Steve Cullen, director of Multimetals Recycling in Co Wicklow, said Covid-19 has “opened up a whole new arena of health and safety” and spoke of some of the measures his company is introducing.
“We are working towards eliminating all physical contact with the customer and are investing in a two-way speaker to communicate,” he said.
“We are coming up with a plan to ensure that staff stick to the one machine, drivers stick to the one truck, and we have to ensure staff in accounts and administration now have separate offices.
“When the employee comes in, we’re going to take their temperature and take it again when they leave in the evening. As far as we’re concerned, we’re doing as much as we can, but then you’re hearing warnings that you may be sued if someone contracts the virus, so it’s impossible to know whether you’re doing right or wrong.”
Supermac’s boss Pat McDonagh, who is gradually reopening his fast-food outlets across the country, says businesses are facing a “huge challenge”.
“I saw in the United States the government is being warned it needs to be careful as they are creating the potential for claims if they reopen businesses too early, and I know that is something that is possible here where we have a claims culture,” he said.
Supermac’s started reopening outlets on a phased basis at the end of April and is offering drive-through, collection and delivery services.
The company implemented a number of measures to protect staff and customers, including mandatory contactless payments and temperature checks for staff before each shift.
Neil McDonnell, CEO of the Irish Small and Medium Enterprise Association, said businesses were doing everything they could to get back on their feet and talk of legal action “is scary”.
“The duty of care is effectively very strict in Ireland. In other words the way it’s interpreted in the courts is if it happens on your premises, you’re liable, irrespective of the circumstances, which is manifestly unjust.
“Businesses were already facing huge issues here with insurance and a strict duty of care and now this has been exacerbated by the coronavirus.”