Corona regulations in the roofing industry: even safer on roofs this winter

The heating is on at home during the day, a winter coat is no luxury when taking a walk, and Christmas music is already on the radio. In short: winter has really begun. That also means that the last roofs still have to be made winter-ready to ensure that all the presents can be delivered safely. However, working at height is not business as usual this winter. Consider working from home, the 1.5-meter rule and mouth guards. How can the roofing industry comply with all the corona regulations this winter?

Is the employee required to come to work?

The roofing industry is typically one in which working from home is not always possible; after all, roofers must physically get on the roof to perform their work. Employers may require healthy employees who must perform physical work to come to work. Thus, employees cannot force it to work from home. In case of mild health complaints (sneezing, sore throat, runny nose, mild cough, elevation up to 38 degrees) or infection, it is different; then the employee must stay home.

Is the employee entitled to continued pay if he has to stay home?

If the employee stays home (for example, due to a corona infection, mild health complaints or while awaiting a corona test), then whether he receives pay depends on circumstances. Indeed, since Jan. 1, 2020, the new rule in labor law is: "no work, but pay. To make things easier, here is a roadmap applied to Corona to find out whether an employee remains entitled to wages:

• Step 1: Should the employee stay home, such as while waiting for a test or due to an infection?
  • Yes: on to step 2.
  • No: the employee is required to come to work.
• Step 2: Is the employee too sick to work?
  • Yes: the employee is entitled to continued pay for illness.
  • No: move on to step 3.
• Step 3: Is it possible for the employee to work from home?
  • Yes: the employee can then work from home. Employers may also make that mandatory. When an employee then works from home, he is entitled to continued pay as a matter of course; after all, he is working.
  • No: move on to step 4.
• Step 4: Is the employee to blame for having to stay home?
  • Yes: the employee is not entitled to wages. This also applies if, for example, the employee is stuck abroad while a negative travel advisory had been issued for his trip. Note: neither the employer nor the employee can be blamed with regard to the corona crisis in general.
  • No: the employee is entitled to continued payment of wages. Because of the new "no work, no pay" rule, the employer bears the risk in those situations where the inability to work is not attributable to either the employee or the employer.

How can workers safely get on roofs?

On rooftops, it is not always possible to strictly follow corona rules. Examples include keeping a distance of 1.5 meters, wearing face masks or a gathering of no more than two people. The protocol 'Working safely together' drawn up by Bouwend Nederland provides guidelines for complying with the corona rules in the roofing sector. The basic principle is that the rules for safe construction take precedence over the corona rules in cases where they conflict.

A. The 1.5-meter rule

If the 1.5-meter rule cannot be followed, the advice is to keep the number of contact moments to a minimum and to pay extra close attention to the RIVM hygiene measures (no handshaking, sneezing in elbow, washing hands extra, etc.). For the roofing industry, an additional consideration is that shared work materials must be cleaned in advance and also when materials are passed around.

B. Goggles

Do not use mouth guards in situations where it compromises construction safety. Examples include working with rotating parts or electricity. Mouth guards, on the other hand, are mandatory when working with more than two people, moving in public indoor spaces and working in public indoor spaces where the work area cannot be cordoned off. Since work on the roof often takes place outdoors, an oral mask will then be somewhat less obvious. Furthermore, the protocol requires that during contact moments with customers, employees always wear a face mask. For all other situations where wearing a face mask is possible, urgent advice applies.

C. Gathering

The rule of schooling with a maximum of two people does not apply to the workshop. Here a maximum of 100 persons applies. On the other hand, employer must try to reduce the number of employees present at one workplace to a minimum.

To what extent is the employer responsible for a safe working environment?

Employers are responsible for a safe working environment, including with respect to coronavirus. As a result, employers will have to reduce the risk of infection by taking measures. It is relevant to the roofing sector that the employer is also responsible for a safe working environment in private homes. In practice, this means that before starting work, the employer must be asked about objections to the work and whether the client or his housemates have health problems related to the coronavirus or belong to the group of 'vulnerable persons'. In addition, the employer would be wise to ask the client to ventilate the house well, make the facility easily accessible, keep the toilets clean and clean handles, door handles and the like several times a day.

Tips:

• At work, always appoint a corona manager;
• Ask employees to have lunch outdoors or in the car without company;
• Send a form of questions and requests to each client in advance to create a safe working environment. Have clients sign and return this form.

Do you have any questions? Please contact Marloes Beeren (construction law) or Pauline Demacker (employment law).