Peter Carroll

Workplace Health & the Complexities due to Coronavirus

The transmission of COVID-19 is spread across the spectrum of society. It is not purely an industrial health issue. It is highly infectious and contagious. The consequences of workplaces can be severe. Employees may bring it to work and the same day others will take it home. Diseases with serious health impacts such as; asbestosis, mesothelioma, silicosis and legionnaires are generally associated with employment contexts. Similar to the Hydra of Greek Mythology COVID-19 has an ability to adapt and change through mutation; thereby reducing the likelihood of the rapid development of a vaccine.

produce their own energy and reproduce. In contrast, a virus contains genetic material and needs a host cell to reproduce. Therefore, upon entering the human body, they will attach themselves to cells that can act as hosts. COVID-19 has characteristics that inhibit destruction of the human immune system. It should be emphasised that a virus cannot be treated with an antibacterial and at present and it is not anticipated in the immediate future that we will have an antiviral. Unfortunately, there are still working and public places that are providing antibacterial sanitizer as a preventative measure. This may be in part from a lack of understanding or simply hoping that some action is better than none. This however, does fall within the usual expectation of a reasoned thoughtful H&S response. The hierarchy of control; elimination, substitution, isolation, engineering, administration and personal protective equipment (PPE), needs to adopt with considerable sagacity and a force to be effective in addressing COVID-19 in the workplace.

Higher-order controls such as Elimination, Substitution and Engineering are unfortunately not feasible in addressing the potential for COVID-19 workplace presence. Isolation is valid only in so far as should an employee test positive or exhibit symptoms they should be required to physically isolate at home. As yet, it has not become common practice to temperature test employees when they arrive at work. What remains from an H&S perspective are administrative controls and the provision of PPE. Physical distancing, washing hands with soap and hot water (minimum 20 seconds), and regular application of an alcoholbased (60-70% by volume), sanitiser are becoming the new accepted practices. Changes in ventilation and air circulation

Nevertheless, creating and implementing protocols that require significant personal and collective discipline can be problematic. Often they rest on an appreciation of the consequences. Should visitors be allowed into a workplace, and should they also be temperature tested or provide proof of a recent negative COVID test? If an employee advises a positive result should the remaining employees go into isolation and what is the communication plan that the employer has in place? H&S should not be reduced by public relations truth management. These are the types of questions that should be considered in light of due diligence and a duty of care for people’s health in the workplace. With so many people working from home and employers still being obliged to provide a duty of care what is the response if an employee contracts COVID-19?

How do employers address the health requirements of potentially vulnerable employees, such as those with pre-existing conditions? With so many people now working from home it must be understood that the home is classified as a workplace in Australian jurisdictions.

The psychological and physical context of employees working from home is equally as important as their usual workplace. Employees may experience fatigue, increased stress, long working hours and a lack of supportive communication and leadership from management leading to a perception of abandonment. With no definitive cure on the horizon, significant and responsive risk analysis will need to be conducted in the workplace. Emergency management also has a strategic role to play in ensuring the health of employees and providing rapid and decisive responses. Minimal compliance may not be suitable or acceptable. The dynamic nature of COVID-19 means that risks are changing and evolving. Assessments based on real-time information and data will have to provide for the health of all in the workplace.

Risk assessments not only need to address the potential and likelihood of harm to affected employees but, provide a response for all employees. Omissions and Inaction can be disastrous given the impact of COVID-19. Risk controls are considered in light of what is; ‘reasonably practicable’ one of the considerations is the cost involved and already we have seen employers make a considerable investment in additional safety precautions. Given the unpredictable nature of COVID- 19, it will be difficult in many cases to determine what has been reasonably practicable. As this can be exacerbated by individual and group responses. The test for ‘reasonably practicable’, in so far as expenditure to control risk is concerned, may ultimately be determined by regulatory authorities and/or in the legal system. This can have serious implications

for small to medium-sized businesses. At present, there seems to have been a degree of tolerance with what could be deemed as employer indiscretions. Nevertheless, as preventive measures escalate, mistakes or alleged negligence may attract enforcement action or litigation.

There is no perfect solution to the current situation. COVID-19 and its transmission has to date defied the best efforts of the medical profession, scientists and authorities to curtail its spread. The timely creation of an anti-viral is still uncertain. Accordingly, considerable work will need to be done by H&S professionals on behalf of employers to ensure the health of employees in the workplace. This will require a deeper understanding of the nature of the hazard, subsequent risks and appreciation of the consequences. Employers cannot afford to be accused of failing to provide a safe workplace.

Considerable work will have to be done by H&S professionals to optimise the hierarchy of control and possibly more lateral responses to ensure the welfare of employees. Boost your immune system.

Clean Your Hands Often. Maintain a Safe Distance.

The Author is an MEnvSc. Cert Auditor in HS&Env Mgt systems, ICAM Lead Investigator. He has more than 30 years experience in the construction industry.