REGULATION ON PHYSICAL DISTANCING IN THE WORKPLACE

Under new legislation in Wales (Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020), Welsh Government has issued guidance on the need for businesses and other services to take all reasonable measures to maintain physical distancing in the workplace. See further information at: https://gov.wales/taking-all-reasonable-measures-maintain-physical-distancing-workplace

Welsh Government states:

‘This is not about the whether the businesses subject to this requirement work, it is about the way they work. It is about taking proportionate action where it is practicable to do so’.

The Coronavirus Regulations impose a number of restrictions on businesses and other services which include:

• premises which sell food and drink for consumption on the premises have had to close (although premises can be used to sell food and drink for consumption off the premises subject to restrictions);
• Other public facing businesses and services (listed in Part 4 of the Schedule and including food retailers, pharmacies and petrol stations) can remain open but must take all reasonable measures to ensure that a distance of 2 metres is maintained between person on the premises and waiting to enter the premises (except between members of the same household or a carer and person cared for);
• all other shops must close other than to offer online services or services by phone or post;
• in any other workplace that remains open, the person responsible for the work must take all reasonable measures to ensure that a distance of 2 metres is maintained between person on the premises and waiting to enter the premises (except between members of the same household or a carer and person cared for).

According to Welsh Government,

‘The purpose of this Guidance is to help businesses and other organisations understand what kind of reasonable measures they can take to ensure that persons on their premises stay 2 metres apart. Maintaining a distance of 2 metres between persons who are not in the same household is an important aspect of the measures we must all take to minimise the risks of the spread of COVID 19.

The guidance is intended to assist people in understanding what “taking all reasonable measures” means and what to do if it is not possible to maintain a distance of 2 metres in certain circumstances.

The Welsh Government wishes to make clear that while the requirement to take all reasonable measures to maintain a distance is an objective test that is intended to be applied consistently, it is neither an absolute rule that has to be applied all of the time in all circumstances, nor is it a test that will apply in the same way in all circumstances’