Further to regulation 6A of The Health Protection (Coronavirus) (Wales) Regulations 2020, will the First Minister clarify whether ‘reasonable measures’ would enable an exception where companies in the food manufacturing sector provide their staff with appropriate PPE to include a face mask or anti-viral snood and face shield?
Regulation 6A of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 requires a person responsible for work being carried out at premises where a person is working to take all reasonable measures to ensure that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer). There is no exception, as such, to this requirement, including putting in place other measures as an alternative.
The Welsh Government published guidance on this requirement on 7 April, with supplementary guidance (focussing on the relevant legal test applied by the Regulations) published on 14 April:
The guidance points out that while the requirement to take all reasonable measures to maintain a distance is an objective test that is intended to be applied consistently, it is neither an absolute rule that has to be applied all of the time in all circumstances, nor is it a test that will apply in the same way in all circumstances. It will be for a business to justify the reasonable measures that they have adopted.
The use of personal protective equipment where relevant guidance says it is necessary is a separate issue.
The requirement to take reasonable measures to maintain 2 metres while working can be enforced by the police or by local authorities. Environmental health officers have been designated for this purpose across Wales and complaints they have received are being investigated. Our hope, however, is that employers, employees and trade unions will make every effort to identify issues themselves and agree on the reasonable measures that can be taken. Complaints should only be made if that process has not resolved any concerns.