6 PPE and H&S tips to create a coronavirus-free workplace

By Vaughan Granier

Now that masks must be worn while travelling on public transport and all businesses must implement physical distancing, we’re receiving a lot more queries from our clients; COVID-19, H&S and wearing personal protective equipment (PPE) at work are some of the topics we’ve addressed via our Telephone Advisory Service.

To help you understand your rights and obligations as an employer, here, I shared my tips and advice with you on PPE and Health and Safety (H&S) to create a safe workplace.

1. What H&S and COVID-19 obligations do employers have?

The NZ Health and Safety at Work Act (HSWA) 2015 and regulations require all employers to ensure the health and safety of their workers so far as is reasonably practicable. Under H&S legislation, a person conducting a business or undertaking (PCBU) has a duty to assess health and safety risks at work and introduce controls and measures to eliminate or lessen risks as much as they are reasonably able to.

This due diligence extends beyond the physical aspects of health and safety at work. A PCBU’s obligations also include assessing risk to psychological harm associated with the current COVID-19 pandemic.

The unprecedented events of 2020 have led to an expansion in the scope of risk assessment for all businesses to protect workers and the public from the transmission of infectious diseases at work. On top of having to undertake this assessment, you must also keep up with additional responsibilities as ordered by the Government. A breach of these obligations would risk penalties for non-compliance.

2. How should your business assess and control risk in a pandemic?

You need to carry out an extensive risk assessment of your workplace and find out what is necessary to prevent the spread of the virus. This process should involve your employees to ensure their opinion on what is needed to create a safe working environment is considered.

Understandably, many employers are challenged by the nature and scope of the measures which need to be managed, and what’s considered to be reasonably practicable. So, how should you as a PCBU approach this situation? Your approach will differ depending on factors such as your industry sector, and whether your workers are customer facing. For example, it might be reasonable for a large supermarket to install physical barriers, but for a local corner store, the same measures to protect staff may be unaffordable.

Every workplace is different, and there are a few questions you as an employer need to consider:

• Have proper hand sanitisation facilities been set up?
• Is your business dealing with clients, customers and the public face to face? If so, what hygiene facilities are available?
• Do you assess customers/clients’ wellbeing before entry?
• Do you record details of visitors (clients/customers/other persons) to your workplace?
• Would a physical barrier be appropriate protection in the workplace?
• Should face masks be worn at work?
• Can you be flexible around employees start and finish times to help them avoid travelling on public transport at peak times?
• Is it reasonably practicable for an employee to work from home?
• What cleaning and hygiene requirements are in place, especially for shared spaces or items like phones and computers?
• Does your company have current policies and procedures for the notification of illness and infection control, etc.?

3. Can I make face masks mandatory at work?

One of the more challenging questions raised at this time is the ability for employers to mandate the use of face masks and other forms of PPE.

Where a risk assessment has been conducted, and a face mask or other form of PPE is considered necessary, you can provide a reasonable direction for an employee to wear PPE when at the workplace or while working.

4. What if an employee refuses to wear PPE?

The question always arises, “What if I tell or strongly encourage a course of action, and the employee refuses”? Well, if the requirement is reasonable in the circumstances, has been clearly communicated, and the consequences for non-compliance have been made clear, then failure to comply may result in disciplinary procedures.

You might find that your employee has a good reason to say no to PPE, and that should be considered and factored into your approach. For example, an employee may be medically prevented from wearing a face mask.

When your employee has a good reason for declining to wear PPE, but this impacts their ability to work safely, you should consider other ways of working to minimise risk to their health. You may allow them to work from home, or you could alter their duties to limit their interaction with the public. But where no alternative is possible, then your only safe option may be to stand down your employee.

5. Do you have to pay an employee who’s stood down because their refusal to wear PPE prevents them from working safely?

Well, that’ll depend on how you interpret the Wages Protection Act 1983. In an extreme interpretation of this law, you might expect an employee to take unpaid leave if they choose not to wear a mask, without good reason, knowing that this puts their own and others safety at risk at work. But it’s best to seek advice before continuing with any unpaid stand down given the unprecedented nature of this situation.

6. Are there specific guidelines for wearing PPE at work?

Usually, if a workplace requires a certain type of PPE, then the company provides it to employees, to make compliance easy. You might want to consider whether that’s a policy worth pursuing.

If your workplace does introduce PPE at work, then you must also adhere to the overarching WorkSafe Guidelines regulating the use of PPE in workplaces. In addition, the Ministry of Health website specifies the below PPE criteria and guidance:

I strongly recommend you take the time to counsel workers who aren’t following directions issued regarding the use of PPE and to ensure that they’re compliant with all relevant public health regulations. In cases where no justifiable reason or explanation is offered by a worker who refuses to adhere to your policy, it’s best to seek advice before taking appropriate disciplinary action to avoid risks.

I appreciate that the current pandemic is creating many challenges for businesses, and obligations upon employers are changing frequently. Please don’t hesitate to contact us if we can assist your business in navigating the regulatory framework during this difficult time. HR Assured is here to help.

Vaughan Granier is the National Workplace Relations Manager for HR Assured NZ. He has over 24 years’ experience in international human resources, health and safety, and workplace relations management. With over 10 years working in New Zealand and Australian companies, he provides in-depth support to leadership teams across all areas of HR, Health and Safety, and employee management.