Returning to the Workplace - Post COVID-19

The COVID-19 outbreak has challenged workplaces around the country, testing the robustness of existing workplace standards and individual expectations. In forcing workers out of the workplace, to continue working in their homes, employers had to quickly turn their minds to whether their internal systems and policies supported remote working. Whilst this alert is not directly related to the operation of the law in Australia, it does have a natural link to your obligations as an employer. The soft skills considered go hand in hand with the considerations of managing the health and safety of your team and minimizing the chance of disputes and claims for workplace injury and illness arising from the changed circumstances in the workplace. Links to resources are highlighted.

Now thetime has come for employers to consider the COVID-19 recovery. We have learnedthrough COVID-19 that whilst we can technically do office-based activitiesoutside of the office, we are social creatures and still need to maintainpersonal connection for teamwork, project focus and quality outcomes. Beforereturning your team to the workplace, a thorough risk assessment is necessaryto ensure that your organisation complies with its workplace health and safetyobligations. A COVID-19 risk assessment should consider:

• How to achieve/maintain physicaldistancing;
• Good hygiene practices;
• Cleaning and disinfecting theworkplace;
• Any impacts requiring changes toemergency plans;
• What information will be provided toworkers;
• New or changed risks arising fromCOVID-19, for example, mental health or psychological stressors, customeraggression, high work demand, or working in isolation;
• How vulnerable workers will beprotected;
• Monitoring and reporting of possiblesymptoms of COVID-19;
• Responding to a suspected ordiagnosed case of COVID-19 in the workplace; and
• How and when the controls will beevaluated.

As part ofthe risk assessment process it may be necessary to consult, cooperate andcoordinate with neighbouring organisations, contractors, landlords or tenantsabout fulfilling work health and safety duties.

Work Health and Safety

Safe WorkAustralia has provided a range of COVID-19 resources to assist employers managetheir health safety obligations in relation to the virus. Further issues foryou to consider are:

• How will you ensure the health andsafety of your staff in the workplace and the journey to and from work;
• How will you quantify and manage thereal risks;
• How can you get property owners andco-tenants to take responsibility for managing shared environments; and
• How quickly and effectively can yourespond to possible outbreaks in your workplace.

Safe Work Australia has prepared:

• National COVID-19 Safe WorkplacePrinciples;
• Work health and safety guidance forCOVID-19;
• Information about:
• Dutiesunder WHS laws;
• Worker’srights;
• Guidanceabout vulnerable workers;
• Cleaning;
• Workingfrom home; and
• Mentalhealth guidance.

Coupled with the Queensland state government’s resources around health management, restrictions, recovery roadmap and managing related issues, there is a thorough suite of tools available for employers to manage their obligations and for employees to understand their accountabilities. Other states have released similar resources on their government websites.

Managing the return to work

The disconnected nature of remote work has presented challenges for some in managing staff effectively and for employee mental health , keeping in mind that psychological injuries are considered under workers compensation legislation in each state. Reintroducing workers into the workplace will present further challenges for both employees and employers and could pose a risk of psychological injury if not properly managed. Some people struggled with the isolation of working from home, now others will struggle with the reintegration process. As an employer, you are likely struggling with further economic issues that make employee fears fade into insignificance in your mind. However, the way you communicate to and manage your team through this time will have a lasting effect on your NFP or social enterprise operations. 

There aremany resources available for employers to access, as they prepare for andmanage the re-entry of their teams into the workplace. Accessing thoseresources, understanding them and applying them where possible, will help youthrough the transition period and reduce the risks of disputes and WHS issues.

What the organisational psychologists say

Whilstemployers didn’t have the opportunity to plan the transition into working fromhome, they do have the time and opportunity to plan how their staff andoperations transition back to ‘normal’, keeping in mind that ‘normal’ may havechanged.

Now thatthe adrenaline has worn off, the effects of stress are likely making themselvesfelt on you and your team. The fact that we do not have control over what willhappen can be frustrating and limits what we can do to return to normal. It isimportant to understand that the current situation will influence mental healthand resilience, meaning that many people are demonstrating heightened reactionsto changes.

From amental health perspective, health services have reported:

• 39% of people working from home havereported high or very high levels of stress;
• There has been a 75% increase inonline searches for help with domestic violence during COVID-19 restrictions;
• Kids Helpline has received over 50%more calls for assistance than the same time last year;
• Lifeline has received over 25% morecalls for assistance than the same time last year;
• Beyond Blue has received 60% morecalls for assistance than the same time last year; and
• Mental health experts have forecasta 25 – 50% increase in suicides that could continue for 5 years, depending onthe economic impact of the COVID-19 pandemic.

Reassess workplace culture

Now is anideal time to reassess your workplace culture. Have any positive changes comeout of the recent experience? Have you used new communication styles that haveled to improved teamwork and responsiveness? Have you and your team been morepatient and compassionate, leading to better working relationships? Have youhad a chance to get to know the people you work with and discover newpotential? Those changes can be retained and developed as you transfer back tothe workplace.

Organisational psychologists (OPs) are suggesting that your NFP or social enterprise could benefit from the recent experiences by applying your new knowledge and changing the way you do things to engage your staff more effectively. You may have also gained loyalty from your team because you demonstrated compassion for them in a time of need. The investments you made in your team over recent weeks could change the way your NFP or social enterprise operates as we transition out of COVID-19.

Employers have an opportunity to review training and update their employees on work health and safety management and to develop a robust change management plan should similar circumstances arise in the future. OPs suggest that you can:

• Build trust through honesty,relentless transparency and prompt communication;
• Provide clear information tailoredto different areas of the organisation;
• Be clear about what is changing andwhat is not; and
• Share authentic learnings,

with areminder that over-communicating during change is better than under-communicating.

There aresome tools available for employers to access to help manage the workplacechallenges, such as:

Australian Government ComCare: Supporting Others in Times of Uncertainty ; Transition back to usual workplaces
Australian Psychological Society:  Maintaining employee engagement during COVID-19 ;  Managing hazards to employee mental health during COVID-19  
Safe Work Australia:  
National COVID-19 safe workplace principles   

When youare managing the return to the workplace for you, your employees and clients,some of the things you will need to consider as reasonably possible impactsare:

• Public transport concerns (self orfamily)
• School staggered start/finish times
• Impact of clusters/outbreaks
• Further lockdowns
• High anxiety (even anger) aboutreturn to office (employees uncertain about risks)
• Pre-existing mental health issuesbeing exacerbated by work changes and stress
• Vulnerable populations being exposedto the risk of illness
• Defining a ‘sick day’ where theremay be ongoing caring responsibilities  

Understandingthe key provisions from the National Employment Standards, any applicablemodern award or enterprise agreement will also be significant as they mayimpose requirements to consult staff about changes to their work.

Flexible Work Arrangements

Before youissue a blanket direction for staff to return to work, be prepared for somepush-back. Many employees have developed a pattern of work that has resulted inthe much-touted work/life balance and they may fight a return to pre-COVID-19operations.

Vulnerableemployees will also resist returning to the workplace if they would beseriously affected by COVID-19 infection. Some workers have been advised thatit will not be safe for them to physically attend the workplace until aCOVID-19 vaccine is developed. Their employers need to consider: if there iscapacity to allow those staff to continue working from home; what will be thedeciding factors for granting long term work from home arrangements; and howwill their performance be monitored.

You shouldbe clear about why you need your team entirely in the office. Consider whetheryou can introduce scheduling to reduce over-crowding, both in the workplace andon public transport if you do need people physically present.

Developing workplace policies that genuinely reflect the needs of the organisation, including your capacity to monitor staff, will assist to protect your organisation from claims and will form the foundation of your decision making in relation to your expectations of your employees. Creating your own ‘roadmap’ will help everyone understand what is planned and what their part is in the process, which is an essential consideration when the court or commission assesses the reasonableness of your management actions. Be assured, everyone has a responsibility to ensure a safe return to work.

If you need to form workplace policies or better understand your WHS and performance management responsibilities, the NFP Lawyers team can assist you. You can reach us at reception@NFPlawyers.com.au or on (07) 3160 0010.

Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.