March 25, 2020
SUBJECT : Coronavirus epidemic has been continuing to effect the whole world. Most companies have started to invite his/her employees back to old-style office work. At this point it’s important to indicate the measures to be taken in the workplace.
- Employer Should Take Measures At The Workplace In The Scope Of Occupational Health And Safety Due To Coronavirus Epidemic.
Fundamental law those regulates the obligation of employer in terms of occupational health and safety, is determined under the head of Article 4 of Occupational Health and Safety Law No. 6331. Accordingly;
“Employer is obliged to provide his/her employees’ occupational health and safety, within this scope;
- a) Employer does studies so as to take all kinds of precautions including prevention of occupational risks, training and information, making an organization, providing necessary tools and equipment, taking health and safety measures suitable for changing conditions and improving the current situation.
- b) He/she monitors and controls whether occupational health and safety measures taken in the workplace are followed and provides the elimination of nonconformities.
- c) He/she makes a risk asessment or provides to be made.
ç) He/she considers his/her employee’s health and safety suitability for work when assigning duties to his/her employee.
- d) He/she takes necessary measures for his/her employees except those provided with sufficient information and instructions in order not to enter life-critical and special hazard locations.”
As it is understood from the article text, it is foreseen that the employer should “take all necessary measures” to ensure occupational health and safety.
Turkish Obligation Code also issues occupational health and safety. According to Article 417 titled protection of employees’ personality of Turkish Obligation Code No. 6098;
“Employer should take all necessary measures to ensure occupational health and safety in the workplace, should keep the tools and equipment completely; and employees should adapt all measures taken regarding occupational health and safety.
Compensation for damages by the reason of death, damage of body integrity or violation of personality rights of the employee due to illegal and non-contractual behavior of employer including the above provisions is subject to the provisions of liability arising from breach of contract.”
- Employees are Obliged to Adapt The Measures Taken In The Workplace Due To Coronavirus Epidemic.
Employees should not endanger the health and safety of themselves and other employees in line with the education they have received on occupational health and safety and the employer’s instructions on this matter. Besides employees should implement the measures taken at the workplace and the orders and instructions given in this regard within the scope of the Covid-19 epidemic. The legal background of this issue is regulated in Article 19 of Occupational Health and Safety Law No. 6331 as said “Employees should not to endanger the health and safety of themselves and other employees affected by their actions or work in line with the education they have received on occupational health and safety and the employer’s instructions on this matter.”
- Measures to Be Taken At The Workplace Against Coronavirus
- For effective struggle in workplaces against the new coronavirus epidemic; preparatory team should be established by the board in workplaces where the occupational health and safety board is located, and in other workplaces; in the coordination of the employer or his / her deputy, or if it exists it could be consisted of occupational physician (workplace doctor), occupational safety specialist and other healthcare personnel, as well as representatives of employees who have received first aid training or experience.
- Preparatory team should carry out studies on measures to be taken and necessary studies on hygiene and cleaning in the workplace, coordinate internal and external communication and keep the emergency plan up to date.
- There should be at least 1 meter between the employees.
- If the employees use public transportation while coming to work, in order to prevent the use of public transportation during rush hour, employers could reduce the risk by altering the time of arrival at work.
- Closed workplace and office environments need to be ventilated frequently.
- The contact points in the company should be reduced in order to bring hygiene rules to the highest level. In this direction, more investments can be made in “contactless technologies”. As an example; electric switches, elevator and office doors could be opened and closed by using a sensor.
- Visual instructions and directions should be made in the office. One-way flow should be created to minimize the contact between employees.
- Actions that require physical contact such as shaking hands and hugging should not be proceed.
- In order to increase the physical distance among employees and between employees and others; policies and practices such as flexible work sites (eg: remote work) and flexible working hours (eg: gradual shifts) should be investigated whether it can be installed.
- Employees should be prevented from using other employees’ phones, desks, offices or other working tools and equipment as much as possible.
- Regular cleaning practices, including routine cleaning and disinfection of surfaces, equipment and other elements of the work environment, should be maintained. (Because contamination on surfaces touched by employees and customers is one of the main ways that Covid-19 spreads.)
- Hygiene conditions must be complied with in common areas such as work areas, sinks, toilets, bathrooms, stair railings, faucets and dining halls, dormitories, rest areas, dressing rooms, doors, turnstiles.
- It should be put sanitizing hand rub dispensers in prominent places around the workplace. It should be ensured that these dispensers are regularly refilled.
- Employees should be checked with a contactless thermomether before starting to work and those who have fever should be directed to the workplace physician.
- The methods to be used during the entry-exit registration of employees in workplaces should be arranged in such a way that they do not have physical contact.
- An appropriate working model should be developed to ensure the social distance of employees throughout the workplace.
- Posters / instructions that encourage employees to stay at home when they are sick, which include cough and sneezing etiquette and explain the importance of hand hygiene, should be hung at the entrance of the workplace and other areas that everyone could see. (See the attached link: https://covid19bilgi.saglik.gov.tr/tr/afis)
- It should be ensured that staff and customers have access to places where they can wash their hands with soap and water. (Because washing kills the virus on the hands and prevents the spread of Covid-19.)
- Employers should brief their employees and customers that if Covid-19 starts spreading in their community anyone with even a mild cough or fever (37.3 C or more) needs to stay at home. They should also stay home (or work from home) if they have had to take simple medications, such as paracetamol/acetaminophen, ibuprofen or aspirin, which may mask symptoms of infection. Employers should keep communicating and promoting the message that people need to stay at home even if they have just mild symptoms of Covid-19.
- Employees should be informed regarding washing their hands with soap and water for at least 20 seconds before entering the workplace and during work. If there is no access to soap and water, they should be cleaned frequently by using an alcohol-based hand sanitizer.
- Disinfectants should be kept in common areas to promote hand hygiene at the workplace.
- Employees in sensitive risk groups should be provided to work from home if possible.
- If an employee is found to be Covid-19, employers should inform their other employees regarding the possibility of exposure to Covid-19.
- Close contact between employees should be avoided as much as possible and common use of equipment, tools and equipment should be prevented.
- Effective hand washing training should be given to the employees by the health personnel who is working in the workplaces and employees’ awareness about hygiene should be increased.
- Visits to workplaces should be restricted, non-urgent visits and non-urgent services from outside services should be canceled.
- Cleaning and hygiene of frequent intervals, especially on the frequently contacted surfaces of the service vehicles should be provided and it should be traveled on an intermittent basis.
- Appropriate thermal comfort conditions and hygiene should be provided in dining halls, the number of employees eating at the same time (giving priority to lunch box, providing disposable drinking water in a closed container, if it is not possible for employees, eating in shifts, establishing an order to sit at a distance for employees who eat at the same time or numbering system that will allow the employee to sit at the same table every day, etc.) should be reduced.
- Work clothes and protective equipment should be removed before leaving the workplace and it should be ensured that it is kept separate from other clothes.
- These contaminated clothing and protective equipment should be cleaned for the removal of the virus and it should be destroyed when necessary.
- In work environments where there is a risk of direct contact or contamination with people those have suspected infections; employees must be ensured to wear fully closed eye protector or face guard/face shield (EN-166), protective clothing (EN-14126), respiratory protector (EN-149/FFP2 or FFP3), mask free from valve and gloves (EN ISO 374-5 and with virus pictogram).
- Masks with the “NR” sign meaning “cannot be reused” should be available for protection against Covid-19 virus.
- Waste management training should be provided to employees within the scope of the practical effective mask usage and Medical Waste Control Regulation by occupational health and safety professionals working in the workplaces and awareness of hygiene should be increased.
- If it’s possible, meetings should be postponed to prevent possible Covid-19 exposure or they should be done as tele / video conferencing. If these circumstances are not possible, the meetings should be held with fewer participants.
- A preliminary plan should be developed to prevent infection at the meeting or event. Cleaning and ventilation should be provided before, during and after the meeting.
- Adequate material, including handkerchiefs and hand sanitizer, should be provided for all participants.
Endnote: Now is the time to get ready for Covid-19! Simple precautions and planning can make a big difference. Action now will help protect your employees and your business. You could reach detailed information in the links below;
https://www.who.int/docs/default-source/coronaviruse/getting-workplace-ready-for-covid-19.pdf