Are employers responsible for commuter safety as people return to work?

Current guidance recommends that anyone who is not able to work from home should return to work within the ‘COVID secure’ guidelines.

As part of this return to work, people are being encouraged to avoid public transport where possible, but for many this may not be possible.

To assist those who commute via public transport the Department for Transport has published guidance. These guidelines include:

  • Take a less busy route
  • People should travel at off-peak times
  • Wait for other passengers to get off before boarding
  • Keep two metres away from other passengers where possible
  • Wash hands for at least 20 seconds after completing a journey

It is mandatory for passengers on all forms of public transport to wear a face covering from 15 June. Fines will be issued to those who refuse to follow this rule and they may be refused travel.

Employers are not legally responsible for any risks associated with an employee’s commute to work, but they do need to be aware of travel arrangements as it may increase the risk of transmission at work.

It is in an employer’s best interest to have a discussion with workers about their return to work and be receptive to concerns they may have about their commute.

Employers are being encouraged to discuss what is possible, and what might not be when taking their circumstances into account.

When bringing people back to the workplace employers should be careful not to discriminate against an employee based on their circumstance or create a situation that could lead to a potential legal dispute.

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