Top 5 Considerations for Returning to Work in a “COVID NORMAL” Way

With the COVID-19 pandemic now firmly a part of our lives, workplaces are being reopened in a COVID-safe way…. so, what should you be thinking about as your workers return to the workplace?

Here are our top 5 considerations for you, your workplace, your workers, and your customers:

1.    STAYING SAFE IN THE WORKPLACE

Naturally, your safety and that of your workers and customers must come first! 

We must all continue to conduct ourselves in a way that is safe and hygienic so that we can all survive and thrive.  The Victorian Government provides essential information about staying safe and provides ongoing advice and guidance with respect to cleaning, personal hygiene, social distancing and contact tracing. 

Remember, creating a safe work environment is a legal requirement for employers!  Be sure to stay up to date and keep your workers abreast of the safety measures that you have in place and how to comply with them.

2.    MENTAL HEALTH: RETURNING TO THE WORKPLACE

While the return to the workplace after months of restrictions and lockdowns is welcomed by many, the return may also spark feelings of anxiety, fear, and reluctance.  As business owners, managers, and employers, we should be congisant that mental health issues can arise from periods of isolation and that many workers may feel unsafe about returning to work. 

If this is the case for your team, take steps to nurture your workers’ mental health and wellbeing.  If you do not already have an employee assistance program in place, consider doing so – it offers a way for your workers to get the help that they may need during this time of uncertainty. 

Be sure to check in with your workers on a regular basis - listen to their concerns, be empathetic and decide what you can do to support those workers who feel unsafe about returning to a workplace environment. 

Consider sharing information about the steps that you have taken to ensure a safe workplace and, where possible, be flexible with your teams by making arrangements for individual workers based on their personal circumstances.

If you need help dealing with the challenges of running a small business through the impacts of COVID-19, you can access the Victorian Government’s Wellbeing and Mental Health Support for Victorian Small Businesses.

3.    WHAT IF A WORKER REFUSES TO RETURN TO THE WORKPLACE?

We all know someone who says that if they had it their way, they would not return to the workplace… they managed to remain productive during the COVID lockdowns working remotely, in the comfort of their favourite pajamas and without the hassle of a long commute…. they do not want to return to the office (or, at least, will only return to the office in a part-time capacity).  So, if this is the case for one of your workers, what are your rights?

In a nutshell, an employee cannot refuse an employer’s direction to return to the office if the workplace is safe (including having a COVID-safe plan in place), the employee’s job requires them to be in the office and the employer says it is time to return (again, be sure to check the DHHS website as to when employees can return based on your industry and circumstances).

Now, like everything with the law, there are exceptions to the rule with a range of circumstances giving employees the right to make a request for flexible working arrangements (such as working from home).  These include, if the workplace is not following a COVID-safe plan, if the employee is “at risk” or if the employee has been in close contact with or needs to care for someone who is COVID positive. 

This leads us to the next important consideration which is the need for businesses to update your policies and procedures to reflect the new “COVID-NORMAL” workplace (including your sick leave policy).

4.    CHANGING EMPLOYEE DUTIES

For many businesses, things are being done a bit differently today than there were before the pandemic.  As workers return to work, employers may need to change their usual duties to accommodate the new way of doing things. 

Please take care to check whether there are any rules around asking your workers to do things differently – check their applicable award, agreement, or employment contract before making any changes.

For those businesses who are part of the JobKeeper scheme, remember that you may be entitled to give eligible employees a direction to perform any duties that are within their skill or competency, if the direction is reasonable.  Be sure to check the Fair Work website for more information.

5.    PRODUCTIVITY IN THE WORKPLACE

As workers return to the workplace, your business may notice some productivity impacts.  Where we suffered some teething issues as we got used to working remotely, similar teething issues may be felt with workers returning to the workplace. 

Consider how you can best allow workers time to celebrate and reconnect while encouraging them to return to their routines with as little interruption as possible.

From a practical perspective, consider taking steps such as:

• Evaluating the success of remote work during lockdown

• Implementing training on new processes, policies and operational procedures

• Identifying internal leaders who will lead the return to the workplace, leading by example and guiding workmates through the transition back to the workplace

• Identify jobs that require in-person interaction and those that can be continued remotely.  You can then identify which workers can continue to work effectively remotely

• Taking an inventory of any devices or equipment that your workers may have been provided whilst working remotely

• Evaluate your processes and ensure that they still reflect your business and your new way of doing things

Tania White
Owner & Principle Lawyer
Cross the T