Advice on increased risks at work

MoneySeeker1

Rather than trying to extend "health and safety" issues/"duty of care" on from normal issues in Normal Times - OP would be well-advised to see if our standard provisions have temporarily been extended to include these totally non-standard things. So not just assuming all Lockdown type stuff gets automatically treated as a "temporary add-on".

MattMattMattUK

unholyangel said:

Fair enough some peoples error rate is far higher than others, but on this site we're technically only ever giving opinions rather than reliable advice. If they removed posters for getting things wrong, the site would be empty. Because most people on here give answers based on their opinion rather than any factual basis. 

I agree to a point, but some people post things again and again, which can only be described as lies, after having been proven wrong again and again. I do not have issues with people making mistakes, I am sure I have made some and will make others, but it is when they continue even when corrected.

unholyangel said:

For example, in this thread the majority responses to the OP were resign or go to work as OP's only options. Which isn't the case. I think only two posts alluded to health & safety being a potential issue. 

An employer has a duty to provide a safe environment for it's staff (and also for clients if they have any on site). If the employer does not, their employees may refuse to attend on those grounds and the employer could then have a very tight rope to walk. If the H&S concern is reasonable then the employer cannot put the employee at a disadvantage (this includes having pay deducted btw) or take any disciplinary action against them. In the first instance, the employer should discuss the concerns with the employee. 

I think that the reason for this was not that people are not aware of H&S obligations, as an employer and business owner I certainly am, but that the issues the OP raised to not in any way appear to be reasonable, nor does their employer appear to be anywhere near close to an H&S breach. I did not mention H&S because it was not, based on the information provided, in any way relevant. 

As an employer one has to follow the relevant H&S requirements, regulations and also take precautions for the unforeseen, but one is not required to pander to paranoia, especially as that often increases risk.

Lucyjjo

Some interesting and quite blunt responses, thanks for the most part!
There are some other personal circumstances, so it's not a simple shut up, put up and go back to work solution for me. If my employer can make any adjustments to the situation that would be the next best thing.  It's not an issue with working with other people, it's working with other people in a small enclosed space and continuing as though Covid-19 doesn't exist. If looking for a new job there is absolutely no chance of another position being available in a comparably small space. So, it wouldn't be an issue moving forward if choosing to look for a new job. Food for thought anyway, at least my options seem a bit clearer

simongregson

I would agree with the previous posters that the put up or shut up argument is plainly wrong. Employers have the responsibility to provide a safe working environment. This sounds like it is a largeish company in that they have several locations.
It is correct that an employee can refuse to attend a workplace if they reasonably believe that there is a serious and imminent health and safety risk - an attempt to force employees to work in close proximity would meet this criteria if no steps were taken to mitigate the risk (or preferably eliminate it). the employee cannot suffer a detriment as a result of this, and not being paid is a 'detriment' as far as the law is concerned.
The problem is that if an employer doesn't play ball then you can either carry on, noting your objections, or refuse to carry out the task. If you did end up suffering a detriment, for example being sacked, then you can only claim retrospectively by going to an employment tribunal - it doesn't solve the problem of having no job now.
I'd advise that the best approach is to approach your manager with your concerns and see how they respond. If that gets no joy then contact someone higher up in the company in writing (i assume that the company has someone managing overall the sites) - it can help to copy in the HR department if you have one as they tend to have a better knowledge of health and safety/employment law. Give them a chance to resolve the problem. Make sure you state that you believe the working conditions present a 'serious and imminent risk to your health'
If you decide that the risks have not been mitigated and you cannot carry out the task, do not resign - let them decide what to do, they can't physically force you to work in a dangerous environment. if you resign it is very difficult to go anywhere from there but a clued up employer will realise they have to tread incredibly carefully - even if they discipline or sack you, you will not be in a worse position than you would be in had you resigned.
Don't forget it is possible to contact HSE yourself. I'd also suggest that either joining a union or agreeing amongst staff to have an employee health and safety representative might help resolve issues without having to have any one member of staff take an individual stand, which is obviously difficult to do.