In this article health and safety solicitor Julia Thomas and Senior Consultant Claire Curtis explore the impact of Long Covid on the workplace and how it should be managed.
We have heard a lot of talk recently about Long COVID. The NHS has now identified two types:
- Ongoing symptomatic COVID: When COVID symptoms carry on for 4 – 12 weeks.
- Post COVID syndrome: When COVID symptoms last more than 12 weeks. [1]
The symptoms associated with long COVID include:
- Breathing and chest problems.
- Fatigue.
- Fever.
- Brain problems for example headaches, delirium, and sleep problems.
- Stomach problems.
- Joint and muscle pains.
- Issues with mood and mental health
- Ear, nose, and throat problems.
- Skin rashes.
These can last weeks, months or even years and symptoms can come and go over time and can fluctuate. The number of symptoms and the fact that those listed can be attributed to other conditions is indicative of the difficulties which may be faced by health professionals in diagnosing Long COVID.
Employers need to be mindful when considering how to manage the potential spread of COVID in the workplace. Yes, the requirement for COVID-19 risk assessments has been removed but there is a still an obligation to protect those who may encounter the virus at work as part of their health and safety obligations. HSE had its first successful COVID related prosecution in 2021 which arose for the failure of the dutyholder to comply with COVID related guidance as well as other health and safety obligations. Although the covid spot checks have gone HSE will still be looking at this as part of the overall management of risks in the workplace and if dutyholders are found to lacking then they should expect some sort of action to be taken. Such action may be advice and guidance in the form of a notification of contravention rather than a prosecution, but this enforcement method will still lead to costs being incurred by the relevant dutyholder.
The risk from COVID should be managed in the same way as other respiratory infections. With the removal of free mass testing knowing who has covid rather than just a common cold or another respiratory infection is more difficult.
Respiratory infections can spread easily especially in confined spaces, so employers need to know what to consider when managing the risk of a spread.
Measures to consider include:
The risk of airborne transmission increases when people are in a crowded place. Having adequate ventilation in place is a requirement under the Workplace (Health, Safety and Welfare) Regulations 1992. There are many guidance documents which can assist employers with this issue for example the HSE and other industry websites.
Keeping workplaces clean reduces the risk of infection and can reduce sickness in a workforce. Having a cleaning regime with particular focus on those high touch areas.
Employees should be provided with the tools they need to maintain a clean working environment and keep themselves safe. For example, providing items such as hand sanitiser, anti-viral wipes, hand washing facilities in easy to access locations will help staff to follow good hygiene practices.
Employers can put in place a wealth of measures but co-operation from their employees is crucial.
Staff should be educated on what to look for, for example the symptoms associated with the onset of covid or the flu because these are very similar.
Staff should be advised on what support is available if they are unwell.
Government guidance states employers should encourage worker to get vaccinated if they have not done so already. Any attempts at this should be done in a sensitive way with consideration for potential cultural beliefs relating to vaccination.
Employees must play their part too and be aware of their obligations under health and safety law. Section 7 imposes a duty on employees to take reasonable care of their own and their co-workers health and safety. There is also a duty to co-operate with employers.
If you have an employee who has been diagnosed with Long COVID a reassessment of their needs will need to be undertaken. There is scope for an employee with Long COVID to be classified as disabled by a tribunal, but this will be judged on a case-by-case basis [2]. As it will be difficult for an employer determine whether an employee is disabled in the event of a claim, employers should consider what reasonable adjustments could be put in place to assist the employee with continuing to work.
How can employers help to support employees with Long COVID?
Be aware that the effects of Long COVID can come and go.
If someone is off sick, they might feel isolated or need support to return to work. Employers should:
- agree how and when to make contact during any absence.
- make sure their work is covered and shared out appropriately while they’re off.
- talk about ways to support them as they return to work where and when possible.
The employer should talk with the employee about any support they may need to return to work. They could discuss:
- getting an occupational health assessment.
- making changes to the workplace or to how the employee works, such as different working hours.
- a phased return to work.
- what they want to tell others at work about their illness.
Finch can assist you with a review of risk assessments and give helpful advice on how to manage workplace risks. If you do require any assistance, please visit our website and contact us.
Finch-consulting.com
[1] https://www.yourcovidrecovery.nhs.uk/what-is-covid-19/long-covid/
[2] There is already one reported case where this has happened (Burke v Turning Point Scotland ETS/4112457/2021) and likely to be more to follow.