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2m rule a Legal requirement?

24 replies

WhatWouldDominicDo · 29/05/2020 10:17

Doing some Covid social distancing training at work which mentions that it's a legal requirement to keep 6ft apart from other people. Is that actually correct? I thought it was advisory/a guide line, not actual law.

(I have no intention of flouting the rule BTW, be it enshrined in law or otherwise).

OP posts:
BeingonFBdoesntmakeittrue · 29/05/2020 10:20

No it's not law.

stitchmaker85 · 29/05/2020 10:24

If it were a legal requirement, all the nurses and doctors would be getting arrested left right and centre

Iwalkinmyclothing · 29/05/2020 10:26

No, and if it were you'd need to be arresting most people currently working outside the home right now.

Ifailed · 29/05/2020 10:29

it's not a legal requirement, but if you stood close to someone and told them you were infected that could be assault.

DahliaDay · 29/05/2020 10:32

It’s not but we are going to be audited on this and other covid measures in place as per company guidelines

So will be watched,cctv used etc etc

bluefoxmug · 29/05/2020 10:34

not the law for individuals, but iirc requirement for employers to provide safe working environment either through distancing or ppe.

WhatWouldDominicDo · 29/05/2020 10:47

Thank you. I didn't think it was law.

OP posts:
knittingaddict · 29/05/2020 11:49

It can't be law because there are situations where it's impossible and it would be very difficult to give exemptions for every possibility.

However I think that sticking to the 2 meter rule is something we should all try to adhere to. It shouldn't need to be a law to make most people abide by it.

knittingaddict · 29/05/2020 11:51

Sorry, just seen that this is about the work place. I think a company that could give everyone 2 meters of space should do. It's about protecting your employees and I would hope that they would take that very seriously.

Slurpy · 29/05/2020 11:54

Depends where you are. It's law in Wales.

DahliaDay · 29/05/2020 11:56

What does it come under @slurpy ?

BeingonFBdoesntmakeittrue · 29/05/2020 11:59

@Slurpy No it isn't.

DahliaDay · 29/05/2020 12:00

Just googled and read up

Not in wales but in my workplace as a manager, I’m struggling! People are giving up on it already

BeingonFBdoesntmakeittrue · 29/05/2020 12:03

From Welsh Guidance.

"The purpose of this Guidance is to help businesses and other organisations understand what kind of reasonable measures they can take to ensure that persons on their premises stay 2 metres apart. Maintaining a distance of 2 metres between persons who are not in the same household is an important aspect of the measures we must all take to minimise the risks of the spread of COVID 19. It is something we should aim to do in all aspects of our daily lives. But the Welsh Government has chosen to impose a legal requirement on workplaces to ensure that everything reasonable is done to minimise transmission of coronavirus. The guidance is intended to assist people in understanding what “taking all reasonable measures” means and what to do if it is not possible to maintain a distance of 2 metres in certain circumstances.
The Welsh Government wishes to make clear 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"

People need to understand the difference between guidance and law.

I thought we got over this 'against the law' nonsense weeks ago but apparently not.

Slurpy · 29/05/2020 12:04

It's under this: Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 @DahliaDay

Which can be found here: gov.wales/sites/default/files/publications/2020-05/the-health-protection-coronavirus-restrictions-wales-regulations-2020-as-amended-21-may-2020.pdf

@BeingonFBdoesntmakeittrue - what makes you say that? businessnewswales.com/workplace-social-distancing-set-to-become-law-in-wales/
www.walesonline.co.uk/news/politics/coronavirus-laws-workplace-covid-19-18037990

Slurpy · 29/05/2020 12:06

Mr Drakeford added: "We are going to put into law that employers must apply that two-metre rule as part of the regulations.

“It is simply saying to employers that they must put the health and wellbeing of their workforce first and the two-metre rule is there to protect that. But if they take all reasonable actions and comply with the guidance we're giving them their business can continue.

“This is not about stopping business from operating, it is about businesses operating in a way that is safe for their employees.”

okiedokieme · 29/05/2020 12:13

As individuals we can do what we want, but as an employer I have to ensure my staff can socially distance and shared resources are cleaned/provide wipes. Whether the staff stick to the guidelines is harder, they still congregate in the kitchen!

Spam88 · 29/05/2020 12:13

But it is law in wales, your quote even states that @BeingonFBdoesntmakeittrue

BeingonFBdoesntmakeittrue · 29/05/2020 12:13

@Slurpy Because the legislation says 'reasonable measures' should be taken to maintain 2m social distance but acknowledges that is not always possible.

It's guidance, not law.

BeingonFBdoesntmakeittrue · 29/05/2020 12:28

Sigh. Because there is a difference between 'legal requirement' and laws.

If we look at e.g the disability discrimination act, there is a legal requirement to not discriminate on the basis of disability but if the business is unable to make reasonable asjustments to accomodate that disability due to the nature of that business then it is not illegal to not hire that person.

This is the same thing and the Welsh legislation makes it clear. It is a legal requirement to try to impose 2m distance in businesses but if you CAN'T due to the nature of that business, it is not unlawful.

BeingonFBdoesntmakeittrue · 29/05/2020 12:43

@Spam88

Not sure how you missed this bit

"The guidance is intended to assist people in understanding what “taking all reasonable measures” means and what to do if it is not possible to maintain a distance of 2 metres in certain circumstances.
The Welsh Government wishes to make clear 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"

The Welsh Government acknowledged the ideal but that it's not always possible to maintain 2m, saying it isn't an absolute rule; that shouldn't be applied all the time in all circumstances and can't be a test to apply in the same way in all circumstances.

That's not a law.

Laws are absolute and apply to everyone in that country.

Not. Well, it is ideal to do it but if you can't..

BeingonFBdoesntmakeittrue · 29/05/2020 12:51

To be honest, it's very worrying to me that some UK residents think the goverment can bring in laws to make it illegal to be less than 2m from someone you don't live with and that some would blindly go along with it as 'illegal'

Come on..

WhatWouldDominicDo · 29/05/2020 13:41

I was pretty sure it isn't law, and am still of the same opinion. It's "advice" and a "guideline", and may even be "company policy", but it isn't law.
There may be some clause in the H&S legislation that would cover a situation where an employer hadn't introduced measures to allow employees to social distance, which would make the employer liable should someone die. But I'm pretty sure there is no law which states that "everyone in an office situation must keep 6ft apart from one another at all times".

OP posts:
BeingonFBdoesntmakeittrue · 29/05/2020 14:02

It is NOT law that's why!

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