This guidance is for the creative industries, in particular for providers and users of creative studios in Scotland. It comes into effect immediately on publication – from 30 June 2020 - and applies until further notice. It will be reviewed in line with the regular three weekly review of lockdown requirements.
The Scottish Government is keen to build confidence and create the right environment for supporting safer work as we continue to live with COVID-19.
We have worked with studio providers, artists, creative practitioners, employers and trade unions from across the creative sector to ensure that this guidance is evidence-based, fair and ethical, clear and realistic. As each studio context is different it is for individual studio providers to work with their workforce, building and studio user representatives and studio users to determine how best to apply this guidance in their circumstances.
This document is one of a set of documents about how to work safely in different types of workplaces. This guidance is relevant to businesses and practitioners who provide and work in art and other creative studios, as well as other shared work spaces.
This guidance does not cover:
- for safe operation of cafés that may be housed within studio buildings. Separate guidance for the hospitality sector is available.
- performing arts - training, rehearsal, recording, broadcast and reopening of performing arts venues to the public – separate guidance is in development.
- indoor leisure facilities, including yoga and dance studios – separate guidance is in development.
The guidance applies to creative production and activities in range of different types of studios. It uses the terms ‘studio providers’ and ‘studio users’ but we recognise that there are a number of different models to which this guidance is relevant, for example:
- single business renting a number of rooms with a single main access point
- shared workspace in which creative activities are undertaken by a variety of non-resident workers
- shared workspace in which many people rent desks for a settled period
- community-operated workspaces such as makerspaces
- individual studio spaces with shared communal kitchen and toilet facilities
- individual studio spaces with no shared entrance/exit and kitchen/toilet facilities, but which may be visited by clients and/or collaborators
- business providing spaces on a flexible or fixed term basis
To help you decide which actions to take, you need to carry out an appropriate COVID-19 risk assessment, just as you would for other health and safety related hazards.
This risk assessment should be undertaken in consultation with trade unions or workforce representatives where relevant. Studio providers should ensure they have access to skills, training and knowledge to understand the risks associated with COVID-19, including how to respond to colleagues or studio users with actual or possible symptoms. Annex A and Annex B also set out a number of other actions that studio provides and studio users should take – some of these are mandatory while some will depend on the nature of the studio facilities.
All risk mitigation measures must be kept under regular review so that studio facilities continue to feel and be safe. Each studio provider will need to translate this into the specific actions that they and their studio users will need to take depending on the nature of their practice or business (i.e. the size and type of facilities or practice, how it is organised, operated, managed and regulated) using this document as a guide. Consideration of individuals’ health circumstances and protected characteristics should be given to this as part of the risk assessment process.
Publication of this guidance does not signal an immediate change in Scotland’s lockdown policy.
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. As of 29 June, indoor (non-office) workplaces can operate. Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 set out what is required by law to close.
We recognise that while studio providers will make every effort to restart activity according to the Framework for Decision Making, a number of factors, including assessment of risk and viability, will mean that not all studio space nor all activity will restart at once.
The remainder of this guidance sets out our minimum expectations across five key areas that businesses and practitioners will need to consider as part of their planning for a restart and ongoing production while minimising the transmission of the virus:
- assessing risk - involving those working in studios in a risk-based approach
- workforce planning - supporting those who should come to work, and those who should not
- operational guide for studio providers - changing the studio environment to keep everyone safe
- operational guide for studio users - working together safely
- training and compliance.
Under the Health and Safety at Work etc. Act 1974 (HSWA), your Local Authority Environmental Health Service is the relevant enforcing authority for how you control the risk of coronavirus in studio facilities. In some cases it may be the Health and Safety Executive (HSE) but, in any case, enforcing authorities will apply the same requirements.
Local authorities also have powers under public health legislation, for example, covering whether businesses should be operating, the requirement to take all reasonable measures to maintain 2m distancing, or to ensure your workers in the shielded category can follow the NHS advice to self-isolate for the period specified.
HSE and LAs Environmental Health Services have agreed to maintain the way they allocate different businesses for enforcement according to existing health and safety law for the purposes of workers’ health and safety.
Where the enforcing authority identifies employers who are not taking action to comply with public health guidance to control COVID-19 health risks to workers, they will consider a range of actions to improve control of workplace risks including the provision of specific advice to employers through to issuing enforcement notices or even prosecution.
This document is provided as guidance only and does not amount to legal advice. Studio providers may wish to seek their own advice to ensure compliance with all legal requirements.
This guidance does not supersede any legal obligations relating to health and safety, employment or equalities and it is important that as a business or an employer you continue to comply with your existing obligations, including those relating to individuals with protected characteristics. It contains non-statutory guidance to take into account when complying with these existing obligations.
If you would like to suggest ways we can improve the guidance please contact firstname.lastname@example.org.