Time for masks – but at work, too?
The latest Covid-19 lockdown in Auckland has seen New Zealand join the rest of the world in the widespread use of face coverings.
Although not compulsory yet, businesses will need to consider whether requiring their workers to use them is an appropriate health and safety control in their workplace.
Health and safety obligations
We all know that employers have a duty of care to protect the health and safety of their workers, customers and other people in their workplaces.
But the uniqueness of the Covid-19 outbreak raises a number of questions around the appropriate health and safety systems and protocols in order to do so.
Businesses must keep up to date with the latest Government guidance and directions. This has changed as New Zealand has moved in and out of alert levels, and as we learn more about the virus and the best methods of preventing its spread.
Steps that an employer should take to protect their workers, customers and others in the workplace include: Requiring sick
workers to stay home; Identifying high-risk workers and taking specific steps for them; Implementing contact tracing measures, which includes at a minimum displaying the official New Zealand Covid Tracer app QR code; Regular cleaning of the workplace; Supplying cleaning products and hand sanitiser; Ensuring that physical distancing rules are observed.
Can workers be required to wear a face covering?
Currently, face coverings are only compulsory on public transport.
Beyond this, we consider an employer could require its workers to wear a face covering while working, provided:
■ This is justifiable. This will be the case where physical distancing cannot be maintained, such as workers in close proximity businesses. The presence of high-risk individuals in the workplace might be another reason for face coverings, or if workers are required to visit a large number of other workplaces or homes, such as delivery agents. Other factors may also suggest this, such as an elevated risk due to contact with workers in isolation facilities.
■ It is not inconsistent with any employment agreements or policies.
■ The employer acts in good faith when implementing a face covering policy, which will require consultation with workers before doing so. As employers will need to be mindful of workers who for health or other reasons cannot wear a face covering, consultation will assist in identifying this and whether an exemption is required.
Should an employer provide masks?
An employer who requires workers to wear a face covering is likely to need to provide these for workers. This is because the risks associated with not doing so may defeat the purpose of requiring them to be worn, as a workersupplied face covering may not be suitable.
For example, if an employer allows its workers to wear cloth face coverings, there may be no way for the employer to ensure that the worker is washing it correctly or often enough. It may also be seen as unreasonable to require workers to supply a face covering given the cost of doing so.
Also, the incorrect use of face coverings can pose additional health risks. Therefore, any policy will need to include guidance on how to use them correctly.
Ultimately, it will be the employer who decides what additional health and safety controls are required. But in any business where at least a one-metre distance cannot be maintained (even if temporarily), requiring a face covering to be worn is likely to be both reasonable and expected. It will also ensure compliance with the Government’s current guidance.