Front cover outside the US – one size does not fit all – Employment and HR

In the same way that COVID-19 has affected all countries, does the scientific response to it also apply everywhere?

With the CDC now proposing to wear face coverage throughout the workplace, U.S. employers may feel they are “doing the right thing” by extend the same principle across all their workplaces. However, in some countries, wearing a mask is not accepted as reducing the risk of COVID, or there are significant barriers to wearing a mask.

In this short article, we will explain the striking differences between regions and countries, and provide guidance on how global employers can achieve a unified approach. We focus on Europe, which is usually the most challenging region in managing COVID risk.

Europe – a trap for the unwanted

• Authorities across Europe do not have a consistent approach to mask wear. In many countries, face cover is seen as just one control measure, and one that carries a risk if not implemented properly. In the UK, for example, government guidance only states that wearing a proper mask may ‘reduce’ the spread of the virus, and that the cost of other diagnostic measures such as speed and hygiene should not be relied upon. In Sweden the Public Health Agency has said that scientific support for the use of masks in society is weak. However, the key is in context: in the UK the first employee breakdown for not wearing a mask has just been approved by the Courts. This was the case of a delivery driver who refused to wear a mask on customers ’prohibited premises and refused to promise his employer that he would wear a mask in the future.
• Official advice on the type of mask required may differ from the situation in the US, which recommends a medical or multi-layered print. Germany is the most detailed country, where a medical mask (FFP2 / KN95 or surgical masks) is required, and is perhaps the most relaxed UK with the most accepted but accepted face cover. except surgical grade masks, which are reserved for the health care of workers.
• Unions or groups of internal workers (Job Councils) are usually required to be involved before introducing a mascara consumption policy. The approach varies between countries, from simply informing representatives (eg the Netherlands), to consulting and / or reaching agreement with them (eg Russia). In most countries, employers only need to communicate with representatives if the policy goes beyond legal requirements (e.g. Poland and Switzerland). In some cases, the process can be expedited quickly where there is a temporary face mask policy and shows a high level of risk, for example local COVID compliance (Netherlands, Germany). An additional process is also required in some countries, For example, in France, in addition to seeking an opinion from the Labor Council, employers also need a formal policy as part of their internal rules. and to send a copy to the local court / occupational inspector. , every month before the policy comes into effect.
• Safety aspects. If you are ordering mask wear, this must be formally included in health and safety risk assessments in many countries (such as Spain, Switzerland, UK). If they go beyond local legal requirements, employers will have a special responsibility to train employees and ensure that they are deployed safely.
• As in the US, discrimination cases can come in, but with a few differences; “Disability” in Europe is generally a higher bar than the US, but the concepts of religious discrimination and indirect discrimination are based on particularly low acceptance among stronger BAME communities, particularly in the UK . The concept of protectionism for libertarian political belief in the right not to wear masks is unlikely to succeed.

Increased consistency across Latin America

• In major Latin American countries, employees are legally obliged to wear face mugs while in the workplace, and employers usually have to provide these (eg Argentina, Brazil, Chile, Colombia, Mexico, Peru, and Venezuela).
• In general, employees can be disciplined for not following an employer’s requirements regarding mask wear, as long as these rules are properly enforced and communicated to employees. Employee representatives usually have less space in this sector than in Europe so communication is more often direct to employees.

Masks more culturally accepted in APAC

• Mask wear is much more culturally accepted in Asia than in many parts of the world, and masks were often seen pre-COVID. While many jurisdictions have legal requirements for wearing masks in the workplace, the distribution of voluntary face masks as a warning against COVID was usually prior to these legal requirements, with many in Asia having learned sad lessons from revolution H1N1 and SARS.

Achieving a unified approach

• Employers who want to implement a regular mask wear policy can choose a “principles” policy. This would normally encourage mask wear, but defer local health recommendations and requirements in each country. This approach usually avoids the need for approval from employees or their representatives, and is the simplest approach.
• For a more consistent policy to implement face coverage at all points of the workplace, employers need to be willing to justify and win across Job Councils and employees, especially in Europe. Clear and concise communication will be required – including the risk of sanctions for employees who refuse to comply. Where wearing a mask is usually a legal requirement, employers will be on safer ground to take disciplinary action against non-compliant employees, and in some countries it will be their duty to do so (e.g. Germany). In other cases, sanctions may depend on the seriousness of the breach or other factors, and employers must assess each breach on a reasonable and case-by-case basis.

Obeying the hard letter of the law may not mean wearing a mask all the time. But for many employers, demonstrating that they are driven by the safety of their employees and customers may mean they are willing to take a more assertive approach. And as always, employers need to keep up with the impact of local COVID changes and the status of state vaccination programs, and they need to be prepared to turn their approach around quickly.

The content of this article is intended to provide general guidance on the subject. Specialist advice should be sought about your particular circumstances.