Noel Grealish (Galway West, Independent)
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27. To ask the Minister for Trade, Enterprise and Employment if he will respond to the concerns of office workers by indicating the best safety precautions that they and their employers can put in place to mitigate contraction while in their offices; and if he will make a statement on the matter. [32196/20]

Leo Varadkar (Dublin West, Fine Gael)
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The National Framework for Living with Covid-19 plan sets out how businesses should operate at each level of the Restrictive Measures Framework.  The current advice under level 5 is that only essential workers should attend the workplace and individuals should restrict travel to 5 kms apart for reasons of essential work, education and other essential purposes. What is deemed to be essential services or work during level 5 restrictions is set out on the Government website www.gov.ie.

Under previous level restrictions, where employees returned to the physical workplace the employer was required to ensure that the public health measures set out in the Return to Work Safely Protocol (RTWSP) are being fully adhered to. The RTWSP operates in parallel with existing workplace health and safety statutory requirements and sets out in very clear terms for employers and employees, in all business sectors, the steps that they must take on an ongoing basis to mitigate against the transmission of COVID-19 in the workplace.

The RTWSP states that, “office work should continue to be carried out at home, where practicable and non-essential work. The employer should develop and consult on any working from home policy in conjunction with workers and/or Trade Unions".

While recognising the Level 5 restrictions, it should be noted that the Living with COVID-19 Plan, and Return to Work Safely Protocol, do not create an automatic entitlement or an employment right to work from home. Employers and employees should engage on this matter and seek to come to an agreement. If this is not possible, it is for the employer to decide, in the first instance, whether remote working arrangements are practicable in meeting the business’s needs and to decide on what work can be done from home, while at all times taking account of the latest Public Health advice.

An employee with concerns around adherence to the RTWSP could bring their these concerns to the attention of the designated lead COVID-19 worker representative. The RTWSP emphasises that collaboration, communication and exchange of information between employers and workers is vital and both the employer and the worker have a role to play and responsibilities towards the protection of each other.

The Workplace Contact Unit (WCU) of the HSA can be contacted in confidence by anyone with concerns regarding workplace health and safety matters including matters relating to the Return to Work Safely Protocol by phone (1890 289 389) or email (wcu@hsa.ie) and the matter will receive the appropriate attention.

Any industrial relations dispute arising, whether of a collective or individual nature, may be referred to the Workplace Relations Commission.  In the context of the former, either party (workers or employer) may refer the issues in dispute for conciliation with a view to reaching a mutually agreeable resolution with the assistance of an Industrial Relations Officer.