There needs to be a massive expansion of health and safety representatives in workplaces across the country as part of the measures needed to address concerns about returning to work during the ongoing coronavirus pandemic.
Speaking in the Scottish Parliament, I challenged the government to set out how the law would be enforced to ensure that as the lockdown is lifted employers put in place new working arrangements that protect workers from being exposed to COVID-19.
The Deputy First Minister confirmed that the Cabinet Secretary for Economy is working with employers and trade unions to put in place guidance and a framework for safe working. We need to see the outcomes of that work, but we also need a massive expansion of health and safety representatives in workplaces across the country. If that or any other aspect of safe working in a safe working framework needs to be put into law, we will be willing to help to do that at pace.
There is a legal right under Section 44 of the Employment Rights Act 1996 for employees to work in a safe environment with no serious or imminent danger to their health and safety. This gives employees protections if they refuse to work in unsafe working conditions. On top of this, employers also have a further legal duty to provide a safe work environment for their employees.
In an address to the Scottish Parliament the Lord Advocate highlighted that all COVID-19 or presumed COVID-19 deaths that are suspected of being contracted in the workplace will be reported to the Crown Office allowing legal investigations to take place where necessary.
I welcomed the Lord Advocate’s intervention, it is important that all workers know they have a statutory right to safe working conditions and where an employer does not provide for this it is vital that they know they are liable and can be held to account by law.
However, I want to see greater clarity on how we will enforce proper health and safety regulations in workplaces. This is why we need a massive expansion of health and safety representatives across the country. Trade Unions are key to making this happen but they will need the support of government and if necessary new laws giving them access to all workplaces.
As we attempt to reopen the economy; we must ensure that this is only done at a pace that is safe and only after ensuring that all workplaces are safe and comply with health and safety legislation. No one should be made to go to work in an unsafe environment under any circumstances. Any business owner, director or manager that allows unsafe work practices that put workers in a greater danger of contracting the virus should be held to account. All workers have rights and where there are safety fears they must speak up and management must listen and act.
