New laws to enforce social distancing advice in workplaces in Wales have come into force - with firms facing fines if they breach the regulations.
Until today businesses have been advised to keep two metre distances between staff in a bid to prevent the spread of coronavirus in workplaces.
But now - after concerns were raised about some companies not taking sufficient measures - this guidance has become law after action by Welsh Government.
This is backed up by the threat of fixed penalties and for those who continue to breach the rules could result in a criminal conviction and larger fine.
But Welsh Government has been clear that the two metre rule is not set in stone - with the understanding that at times it will be impossible to enforce that distance in certain situations.
Under the law it is about the "reasonable measures" taken by companies to help their staff comply.
Who is affected?
■ 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 two 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);
■ In any other workplace that remains open, the person responsible for the work must take all reasonable measures to ensure that a distance of two 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)
Why are they doing it?
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The Welsh Government has expanded the physical distancing requirements in legislation because of concerns that some employers who could take steps to keep staff further apart have not done so.
But many employers have already done what they can and there are also working environments where physical distancing is not possible – and in consequence there may be circumstances where few or even no reasonable measures can be taken.
Welsh Government said: "For example in relation to the provision of public facing essential services (including operation and maintenance of Critical National Infrastructure), factory settings, construction sites, the provision of health and social care services and the production and distribution of food.
"In these instances we are asking employers to take reasonable measures to ensure that a distance of 2 metres is maintained between people on premises, including outdoor sites, to minimise the risk of transmission and the risk to workers."
What constitutes a reasonable measure?
There is no hard and fast rule of what constitutes a reasonable measure. This can vary within different functions of an organisation as well as between sectors.
The test of whether a measure is reasonable is an objective one.
It will be for a business to justify the reasonable measures that they have adopted and to demonstrate how they have considered that these are proportionate and minimise the risks faced by workers who have to continue to attend work in their workplace.
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This will mean considerations for cost, the nature of the work and if it impacts he safe running of a workplace.
Examples of reasonable measures
■ Reducing the number of people working on the premises at any one time– increasing the space between people by reducing the total number of people in attendance.
■ Increasing space between staff – for example on a production line leaving 2 m gaps between people and indicating spacing with markings.
■ Consider appropriate provision of rest space – is there a congregation of workers at a certain time? Could additional space be provided, or breaks stagger.
■ Altering tasks undertaken – making adjustments to the way that work is done, to reduce contact.
■ Stagger shifts to minimise people on site and to reduce congestion at the point of shift changes.
■ Carrying a passenger in the back seat rather than the front seat of a taxi would be a reasonable measure
Examples of the types of situation in which it would not be possible or appropriate
■ Provision of personal services, including in the home.
■ Tasks that require two or more people to undertake them safely, including heavy lifting or carrying dangerous chemicals.
■ Education and childcare settings.
■ Exceptions where close contact is required between workers and the users of services.
■ Where workers are required to travel together.
■ Where dual working is to ensure safety.
■ Working in confined spaces, for example repairing infrastructure for utilities.
Enforcement
Both the police and local authorities have powers to enforce the restrictions on businesses, services and workplaces imposed by the regulations.
If a responsible person is found notto be taking all reasonable measures to ensure that distance of 2 metres is maintained between person on the premises concerned, that person may be subject to a fixed penalty of £60 (this reduces to £30 if paid within 14 days but is doubled to £120 for a second a subsequent breach) or may be charged with a criminal offence and ultimately convicted and be required to pay a fine.
The response
Ben Francis, FSB Wales Policy Chair, said: “It is vital that employees and employers feel safe as we navigate a way through the Covid-19 outbreak, and that they are able to have the conversation about how to make this happen and that employers are aware of their obligations.
“However, now that this legislation has been enacted, Welsh Government must provide clear, easy to understand guidance so that businesses understand what the implications for them might be. This must be backed up by the right support advisory support through organisations such as Business Wales and the Health & Safety Executive.
“This legislation has inevitably moved very quickly, at a time when businesses are already struggling to work out how to operate in these challenging times. Supporting employers to apply this is essential, as is the need to review these measures in the coming weeks to ensure they are having the right impact and to understand where it is proving difficult to apply.”
The Federation of Master Builders voiced concerns.
Ifan Glyn, senior hub director at FMB Cymru, tweeted: " members are telling me that these new regulations are bringing further confusion to an already confusing situation. I have no doubt that are trying to do the right thing but this is the wrong solution."