Where we are now
On 23 March 2020, the First Minister announced Scotland would enter into a lockdown. Under law, the restrictions must be reviewed at least every three weeks.
Coronavirus (COVID-19): framework for decision making – Scotland’s route map through and out of the crisis was published on 21 May 2020. It set out a phased approach to easing the lockdown. Our movement through each phase of the lockdown will be gradual and incremental. It will be matched with careful monitoring of the virus.
We announced the move to Phase 3 on 9 July 2020. Changes in this phase are being introduced in stages.
As we progress through the route map, Scotland's economic recovery and future prosperity is dependent on safe workplaces. Organisations should use this guidance to engage with trade union or workforce representatives to develop workplace specific plans to manage the move away from current restrictions.
Details on which sectors and workplaces can prepare to, or are able to return to work are available at:
Other guidance that should be consulted includes:
- HPS: COVID-19 Non Healthcare Settings guidance which provides general information on the background to COVID-19, symptoms, general principles of infection prevention and control and health protection measures and what to do if someone becomes unwell on site
- NHS Inform which has a wide range of useful public facing information including information on symptoms and what to do
- Test and protect website from Scottish Government that contains information on how to get tested and what you need to do
- Returning to work safely which has details of current sectoral guidance and further sources of advice for organisations and workers
- Healthy Working Lives website which provides examples of risk assessment templates and other practical tools for organisations and workers
- Health and Safety Executive (HSE) COVID-19 guidance as this will be referred to by HSE inspectors to assess compliance
As each workplace is different, individual organisations should work with trade union or workforce representatives to determine how best to apply this guidance in practice.
To judge whether and when restrictions can be changed we will consider a range of evidence on the progress of the pandemic in Scotland using the principles set out in Coronavirus (COVID-19): framework for decision making and our long established commitment to fair work. As Scotland continues to ease lockdown restrictions, organisations including the Institute of Directors (IoD), SCDI, STUC, COSLA and SCVO have signed a fair work statement underlining the collaborative approach needed between employers, unions and workers to ensure workplaces can operate safely.
Working with trade unions or workforce representatives
This guidance is underpinned by a spirit of collaborative working between organisations and workers. Through this document, the term organisations and trade union or workforce representatives is used in that context. Recognising that organisations have a legal responsibility to maintain workplace health and safety and must consult with the health and safety representative selected by a recognised trade union. Or if there is not one, a representative chosen by workers. Organisations cannot decide who the workforce representative will be.
We are working with the UK Government to align our approach and guidance, where possible, and on the basis of scientific evidence on the levels of infection in Scotland. This guidance is intended to work alongside UK Government guidance and aims to assist organisations, businesses and workers to ensure a safe working environment. Readers will recognise consistent themes within this guidance and the UK Government’s Working Safely during COVID-19 publications.
There has been an unprecedented package of support announced from both the Scottish and UK Governments to support businesses. This support should help many organisations preserve their business, maintain jobs and pay their workers throughout this crisis. Further business support information
Physical distancing duties are set out in regulation 4(1) of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020. A person who is responsible for carrying on a business or providing a service must take all reasonable measures:
- to ensure that the required distance is maintained between any persons either on or waiting to enter the premises (except between members of the same household or a carer and the person assisted by the carer)
- to ensure that they only admit people to its premises in sufficiently small numbers to make it possible to maintain that distance
The required distance is 1 metre in relation to public transport premises, hospitality, and 2 metres in all other cases. This will be subject to mitigations that are tailored to the sector.
This document offers guidance only and does not amount to legal advice. Individual organisations may wish to seek their own advice to ensure compliance with all legal requirements.
The guidance sets out our expectations across five key areas. Organisations need to consider these to ensure workplaces are safe and the transmission of the virus is minimised:
- training and compliance
- risk assessment - involving the workforce in a risk based approach to a safer workplace
- workforce planning and support - supporting those who should come to work, and those who should not
- operational guide and checklist - changing the workplace environment to protect your workforce
- deliveries, distribution and visitors - protecting your workforce and those who come on-site
The guidance emphasises the importance of undertaking robust and regular risk assessments with full input from trade unions or workforce representatives, and to keep all risk mitigation measures under regular review so that workplaces continue to feel, and be, safe.
After a workplace risk assessment has been undertaken and measures to reduce the risk of transmission have been put in place, staff and their managers should use the individual risk assessment tool to identify the individual’s vulnerability level. Staff should be active participants in this risk assessment which uses factors including age, ethnicity, in addition to underlying health conditions to stratify risk.