VERSION DATE: 18 MARCH, 2020 - Restaurant Association of New ...
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In January 2020, Chinese authorities confirmed a new type of coronavirus, known as 2019-nCoV, or COVID-19. The World Health Organization declared a global health emergency as a result of the coronavirus outbreak, which is officially a global pandemic. The outbreak has caused significant concerns for many of our members and our aim is to update and provide information and support to members. This support package of information for members seeks to provide some general guidance, however, members can also contact our Helpline on 0800 737 827 with specific questions. This is a rapidly evolving issue and it is not possible to predict what will happen in the coming weeks. We do not know how long the disruption to international visitation is likely to last and how long the recovery period might be. However, there have been global health scares in the past, and on those occasions, the impact on travel has been relatively brief. Please stay in touch with the Association (0800 737 827, info@restaurantnz.co.nz) if you have concerns or questions regarding your business. This update is available online by going to: www.restaurantnz.co.nz (keyword COVID-19). 2
In the COVID-19 SUPPORT PACKAGE for Restaurant Association members Government economic response package for Employers Page 4 Government response / travel restrictions Page 7 General health advice Page 9 Business continuity support Page 12 Employment advice Page 15 Food safety advice Page 20 Health & Safety advice Page 23 Health & Wellbeing Page 26 Advice from Immigration New Zealand Page 28 Useful Links Page 29 3
Government economic response package: On 17th March, the Government released an economic response package to help support the economy during the COVID-19 crisis. Read the Finance Minister’s Statement to Parliament on the economic relief to COVID-19 here: (https://www.beehive.govt.nz/speech/statement-parliament-economic-response-covid-19) For employers, the package includes: wage subsidy scheme leave and self-isolation support business cash flow and tax measures wider $12.1 billion package. Wage subsidy scheme Wage subsidies are available for all employers that are significantly impacted by COVID-19 and are struggling to retain employees as a result. The wage subsidies are available for businesses in all sectors and all regions that can show a 30 per cent decline in revenue for any month between January and June 2020 compared to the year before (including projected revenue). The subsidy is $585.80 per week for a full time employee (20 hrs or more) or $350.00 per week for a part time employee (less than 20 hrs). The payment will be made as a lump sum for a period covering 12 weeks. This means employers will receive a payment of $7,029.60 for a full time employee and $4,200 for a part time employee. The maximum amount any one employer can receive is $150,000. To qualify: your business must be registered and operating in New Zealand your employees must be legally working in New Zealand the business must have experienced a minimum 30% decline in actual or predicted revenue over the period of a month when compared with the same month last year, and that decline is related to COVID-19 your business must have taken active steps to mitigate the impact of COVID-19 4
you must make best efforts to retain employees and pay them a minimum of 80% of their normal income for the subsidised period. MSD will be processing and approving applications as quickly as they can. They are aiming to make payments five working days after they have all the information they need from you – but this will depend on the volume of applications received. You can apply online for either the COVID-19 Wage Subsidy or COVID-19 Leave Payment here: https://services.workandincome.govt.nz/ess/employer_applications/new More information can also be found on the Work and Income website: https://www.workandincome.govt.nz/products/a-z-benefits/covid-19- support.html Leave and self-isolation support Workers and businesses have responsibilities to prevent the spread of COVID-19. The purpose of the COVID-19 leave and self-isolation scheme is to support workers financially to self-isolate, or while ill with COVID-19, where this is required, so that all businesses and workers can do the right thing. The COVID-19 Leave Payment will be available to support people financially if they need to self-isolate, cannot work because they are sick with COVID-19 or cannot work because they are caring for dependents who are required to self-isolate or who are sick with COVID-19. The payments are $585.80 per week for full time and $350 per week for part time workers. The COVID-19 Leave Payment are available for eight weeks from 17 March 2020. Employers will be able to apply for this more than once. More information on who qualifies for the leave payment, and how to apply, can be found on the Work and Income website: https://www.workandincome.govt.nz/products/a-z-benefits/covid-19- support.html 5
Business cash flow and tax measures There are a number of business cash flow and tax measures that have been announced, including: The Government is proposing to give Inland Revenue the ability to write-off the interest charged for late payments, also known as use-of-money interest (UOMI). Increasing the provisional tax threshold from $2,500 to $5,000 from 2020/2021. Increasing the small asset depreciation threshold from $500 to $1,000 — and to $5,000 for the 2020/21 tax year. Allowing depreciation on commercial and industrial buildings from 2020/2021. Removing the hours test from the In-Work Tax Credit (IWTC) from 1 July 2020. More information on the business cash flow and tax measures can be found on the Inland Revenue website: https://www.ird.govt.nz/Updates/News-Folder/tax-relief-coronavirus Other support for employers: MSD If you’ve been affected by COVID-19, MSD may be able to help in other ways. There are various ways they can help, whether you’re an individual or an employer. MSD can: meet with you to talk about your situation, discuss ways to help you retain your staff, co-ordinate with other agencies, eg. Inland Revenue or Careers New Zealand, meet with your employees to talk about what support is available (either one- on-one or group sessions), help your employees with: o finding another job o re-training o skills assessment o financial support. MSD have also set up rapid response teams in various regions and have a fact sheet which includes Labour Market Managers contact information. Please let us know if you need help contacting MSD, call us on 0800 737 827. 6
Government Response / Travel Restrictions: In response to growing concerns about the spread of the virus, the New Zealand Government has placed temporary entry restrictions into New Zealand. The decision to restrict travel will be reviewed every 48 hours. Currently, the restrictions prevent the following foreign nationals from entering New Zealand: those who have been present in, or transited through, Iran or mainland China, 14 days prior to them departing for New Zealand. Mainland China includes all of China, but not Hong Kong SAR and Macau SAR, and not Taiwan. The decision to refuse entry does not apply to New Zealand citizens, permanent residents and their immediate family, who will still be able to come to New Zealand. However, they will be required to self-isolate for 14 days on arrival back in the country. Australian citizens and permanent residents are also excluded if they ordinarily reside in New Zealand. Otherwise, every person entering New Zealand from anywhere in the world, apart from the Pacific (Category 2 countries*), will be required to self-isolate for 14 days and register with Healthline (0800 358 5453). People who have recently travelled from Category 2 countries and territories (excluding airport transit) should be aware of the COVID-19 symptoms. You do not have to self-isolate if you are well. *Category 2 countries are Cook Islands, Fiji, Kiribati, Marshall Islands, Federated States of Micronesia, Nauru, New Caledonia, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu, Tokelau, Wallis and Futuna For New Zealanders travelling overseas, the New Zealand Government is encouraging New Zealanders to avoid all non-essential travel. Travel advisories are also being updated constantly. Currently, there are advisories around travel to the following countries: China, Hong, Kong, Iran, Italy, Japan, Samoa and South Korea. View updates here: https://www.safetravel.govt.nz/news/covid-19-coronavirus. 7
In addition, all New Zealanders traveling overseas are encouraged to return to New Zealand. New Zealanders travelling should also consider that many other countries have border restrictions on foreign nationals entering the country. For information on COVID-19 related border restrictions, please check the International Air Transport Association (IATA) website before you travel: https://www.iatatravelcentre.com/international-travel-document- news/1580226297.htm. 8
General health advice: The Ministry of Health is closely monitoring the situation and following guidance from the World Health Organization (who have declared the outbreak a global pandemic). There are now a number of confirmed cases of COVID-19 in New Zealand. However, the likelihood of a widespread outbreak remains low. The Ministry of Health website is your best source of information about the Coronavirus: https://www.health.govt.nz/our-work/diseases-and-conditions/novel- coronavirus-china-2019-ncov . The website includes information on the current status in New Zealand Latest advice: Symptoms, prevention, treatment, how it spreads & more Contact tracing Countries and areas of concern Face mask and hygiene advice Home care information Managing your mental wellbeing Questions and answers The Ministry of Health also have guidance for self-isolation: https://www.health.govt.nz/our-work/diseases-and-conditions/novel- coronavirus-2019-ncov/novel-coronavirus-self-isolation . For any coronavirus health advice and information and any questions you have about coronavirus, the Ministry of Health has established a dedicated 0800 Healthline number for health advice and information. The number is 0800 358 5453 – it is free and available 24 hours a day, 7 days a week. If you have been in close contact with a person who has a confirmed case of COVID- 19 you should self-isolate for 14 days. If you develop symptoms including fever, coughing and difficulty breathing you should call Healthline. 9
What are the signs and symptoms of COVID-19? Symptoms of COVID-19 are similar to a range of other illnesses such as influenza and do not necessarily mean that you have COVID-19. Symptoms include: fever coughing difficulty breathing. Difficulty breathing is a sign of possible pneumonia and requires immediate medical attention. If you have these symptoms and have recently been to any country (except those listed in the countries and areas of concern under Category 2), or have been in close contact with someone confirmed with COVID-19, please contact Healthline on 0800 358 5453 or your doctor immediately. How does COVID-19 spread? Like the flu, COVID-19 can be transmitted from person to person. The scientific evidence confirms that COVID-19 is spread by droplets. This means that when an infected person coughs, sneezes or talks, they may generate droplets containing the virus. These droplets are too large to stay in the air for long, so they quickly settle on surrounding surfaces. Droplet-spread diseases can be spread by: coughing and sneezing close personal contact contact with an object or surface with viral particles on it and then touching your mouth, nose or eyes. That's why it's really important to practice good hygiene, regularly wash and thoroughly dry your hands and practice good cough etiquette. How do I protect myself and others from COVID-19? You should always practice good hygiene by: covering coughs and sneezes with disposable tissues washing hands for at least 20 seconds with water and soap and drying them thoroughly: before eating or handling food 10
after using the toilet after coughing, sneezing, blowing your nose or wiping children’s noses after caring for sick people. People with symptoms of acute respiratory infection should practice good cough etiquette (maintain distance, cover coughs and sneezes with disposable tissues, and wash hands). If you have concerns, you can contact the dedicated COVID-19 Healthline for free on 0800 358 5453. Additional up-to-date information is also available from the World Health Organization (WHO): Questions and answers https://www.who.int/news-room/q-a-detail/q-a- coronaviruses Emergency preparedness, response https://www.who.int/csr/don/en/ WHO Twitter account https://twitter.com/WHO Advice for international travel https://www.who.int/ith/2020- 0901_outbreak_of_Pneumonia_caused_by_a_new_coronavirus_in_C/en/ 11
Business continuity support: Our mobilisation following Covid-19 to help members has included: Restaurant Association’s 24/7 Helpline (0800 737 827) – members are encouraged to contact us to discuss their business needs, so we can guide you through next steps. Additional Restaurant Association membership services include legal support, human resources, payroll, business mentoring and marketing advice. Weekly COVID-19 webinar – for a situation update and FaQ’s. https://www.restaurantnz.co.nz/event_category/professional-development/ Increased mobilisation of on the ground support, to ensure our member businesses who indicated they were struggling, could get in-house support as soon as possible. Public advocacy – the Restaurant Association has been vocally calling on the Government to offer support to affected hospitality businesses in the form of a business continuity package. Development of the #DineoutNZ marketing campaign encouraging the public to continue to dine out and support their local hospitality businesses. The roll-out of emergency memberships for hospitality businesses that are severely impacted by COVID-19. Government assistance: Businesses affected by the coronavirus can access government support through the Regional Business Partners programme to help businesses around the country with practical advice on issues such as payroll and liaising with Inland Revenue on tax payments. In addition, 16 rapid response Ministry of Social Development teams have been established to assist with immediate needs such as helping move workers into other employment and referring those in need of further support to other government agencies. The Government have announced the implementation of a Business Continuity Package to help support the economy through the disruption caused by COVID-19. 12
The Business Continuity Package includes: wage subsidy scheme: leave and self-isolation support scheme business cash flow and tax measures to free up cashflow, including a provisional tax threshold lift, the reinstatement of building depreciation and writing off interest on the late payment of tax wider $12.1 billion package Further information is provided in the Government economic response package section of this guide. Other business considerations: Banks: Get in contact with your bank if you’re experiencing cash flow issues, especially in regards to loans repayments or lack of funding. They might be able to help or put you in touch with someone who can. Westpac support for coronavirus affected customers: Westpac NZ is offering support to customers financially affected by the global outbreak of coronavirus. The relief package features a range of possible support options for both business and personal customers. These may include: A temporary overdraft facility; Suspension of principal loan payments for up to three months; Deferred payment on business credit cards for up to three months. Customers requiring access to term deposit funds should also get in touch to discuss options. Anyone who has been affected should call Westpac on 0800 606 606 to discuss their individual needs or drop into a branch in person. Insurance: Unfortunately, standard business insurance offered by local and offshore insurers usually have a specific policy exclusion called “Infectious / Contagious Disease” which means that any loss or damage or business interruption loss in connection with a 13
notifiable infectious disease is specifically not covered. Some exceptions include travel insurance where the policy was in place prior to public notification. Check with your insurer if you need clarification. IRD: Tax relief and income assistance is available to people affected by the downturn in business due to the Coronavirus COVID-19. There are a range of ways to help, depending on your circumstances. You may be able to make an estimate or re- estimate of provisional tax or if you’re having difficulty paying outstanding tax, you may be able to set up an installment arrangement. Find out more here: https://www.ird.govt.nz/Updates/News-Folder/tax-relief-coronavirus Worksafe have prepared some advice on workplace readiness for novel coronavirus: https://worksafe.govt.nz/topic-and-industry/work-related-health/workplace- preparedness-for-novel-coronavirus/ WorkSafe expectations about COVID-19: The emergence of COVID-19 across the globe has created a new work health and safety risk that businesses need to manage. Worksafe expect all businesses to: follow the latest Ministry of Health advice about preventing COVID-19 and to promote good hygiene practices at work identify and manage any emerging risks brought about by the COVID-19 situation. For example, changes in consumer demand may impact worker health and safety, and supply issues for worker personal protective equipment (PPE). Worksafe also expect workers to take care of their own health and safety, and the health and safety of others, while at work. This means following and cooperating with any reasonable health and safety instructions, policies and procedures they’re given. You can also view the Health & Safety section of this guide for more information. 14
Employment advice: Unfortunately, the legal and practical issues associated with coronavirus and employment are not straightforward. Employers must try to find a balance between taking reasonable precautionary measures and being prepared for further developments. Employers should act in line with the overarching obligation of good faith when making decisions on how to deal with individual circumstances. Some key considerations as the situation develops further and New Zealand reports more cases of people infected with COVID-19: Introduce additional hygiene measures, such as providing hand sanitisers at wash stations, counters, customer service areas and the entrances to your premises. Remind staff and customers that no discrimination will be tolerated and no one will be treated differently due to nationality and/or religion. Ensure employees are aware that any such behaviour will not be tolerated. Reassure staff and provide information if they request it. Make sure that there is a clear point of contact within the business for employees if there are any sudden developments due to the virus spreading. Employees have a right under the Health and Safety at Work Act 2015 to refuse work if they consider their workplace to be unsafe, so ensure that you do all that is reasonably within your control to create a safe workplace. Record any agreements made with employees in writing. Consider these issues including the questions below and what your response might be, bearing in mind that this situation is likely to evolve over time. In brief, here is an update and some responses to potentially frequently asked questions members may have: What if someone is feeling unwell? Encourage employees to take sick leave if they are feeling unwell. Employees should not be at work if they are sick. If you are in a position to do so, consider developing an emergency policy that increases sick leave entitlement during any pandemic, should 15
that become necessary. Employees may also request to take annual leave as an alternative if they have no sick leave entitlement. What if an employee self isolates for 14 days after returning to New Zealand, or has potentially come into contact with the virus, or has the virus? The Government has now introduced the COVID-19 leave payment scheme which will provide support for those people unable to work who are in self-isolation, are sick with COVID-19, or caring for others with COVID-19. The payments will be $585.80 per week for full time and $350 per week for part time workers. The payment does not affect any paid leave entitlements that are owed and is available even if an employee is on paid leave for part of the period. It is not available to those who can work from home during the period of self-isolation, and who can be paid normally by their employer. The entitlement is for: Those who self-isolate in accordance with public health guidance and who register with Healthline; Those who are ill with COVID-19; Those who cannot work because they are caring for a dependent in either of these circumstances. Those who leave New Zealand to travel overseas from 16 March, 2020 will not be eligible for this payment for self-isolation on their return. More information on the sick leave scheme, including how to apply, and other support for businesses can be found at www.govt.nz/coronavirus. It is advisable to have a discussion with any employees in self-isolation and reach a reasonable arrangement. This may include the employee/s taking a combination of leave types. If practicable, an alternative arrangement may be to facilitate the employee working from home during this period, however, this is likely to be impractical for most of our Members. Please note there is no provision in the Holidays Act 2003 allowing an employer to force an employee to take their accrued sick leave. 16
Can an employer require an employee to stay away? In general terms, if an employee is ready, willing and able to work, the employer is obliged to provide the employee with work. However, an employer may want an employee who is suspected of having come into contact with coronavirus to stay away from work, so as not to pose a risk to others in the workplace and may potentially be obliged under the Health and Safety at Work Act 2015 (HSWA) to direct that the employee not come in to work. If there is a risk of general infection, or if the workplace is unable to function effectively due to employee absences, an employer may also be justified in closing the workplace altogether. Additionally, employees are required to comply with any reasonable instruction given to them by the employer. Given this, requiring a high-risk employee to self-isolate from the workplace, depending on the circumstances, may be considered a “reasonable instruction”. Generally speaking, if it is the employer deciding that the employee must stay away, the employee may be entitled to be paid so long as the employee is ready, willing and able to work. What if the employee is compulsorily quarantined? In these circumstances, the employee is not ready, willing and able to work and may not be entitled to be paid. The employer and employee may also agree to the employee using other entitlements, such as sick leave or annual holidays. The employee may also be able to access the Government’s COVID-19 leave payment scheme which will provide support for those people unable to work due to COVID-19. It is not available to those who can work from home during the period of self-isolation, and who can be paid normally by their employer. More information on the sick leave scheme, including how to apply, and other support for businesses can be found at www.govt.nz/coronavirus . Can an employee refuse to attend work? Under the HSWA, employees can refuse to work if they have reasonable grounds to believe that the work they are required to perform is likely to cause them serious harm. An employee may also have a broader right to refuse to attend work where the employee has a reasonable fear of contracting coronavirus in the workplace. 17
Either way, employees will be obliged to discuss such an issue with their employer, and they may be able to find other solutions. If an employee refuses to attend work, the employer may not be obliged to pay them. For example, if the employer allows an evidently infected employee to continue working with a risk of infecting others in the workplace, as this would not be compliant with the HSWA. If you are considering starting a disciplinary process for unauthorised absence, be sure to consult with the Restaurant Association first. Does an employee have to be paid if they are voluntarily staying away from work? Some employees may want to voluntarily remain at home due to a risk of exposure to the virus, and not wanting to run the risk of infecting others. It is possible that the employer does not have any obligation to pay the employee. However, clear communication between employer and employee is key in this situation. Employers should ensure they have a clear understanding of the extent of the risk that may be posed by that employee attending work, considering its obligations to other people in the workplace who may be impacted. Can employers require employees to undergo medical testing? In short, no – employees must consent to medical testing. Despite this, an employer could be justified in requiring an employee to stay home, if he or she refused to take a test to confirm infection, where there was a reasonable chance of that having occurred. This may not be straightforward, so contact the Restaurant Association for further advice. What if the business is quiet because of a virus outbreak and I must temporarily reduce hours for employees? Employers may be able to access the Government’s wage subsidy scheme which is for businesses that are significantly impacted by COVID-19 and are struggling to retain employees as a result. Employers must have suffered, or are projected to suffer, at least a 30% decline in revenue compared to last year for any month between January 2020 and the end of the scheme in June 2020. Applications can also be made on the basis of forecast revenue loss within the period of the scheme. Some of the key undertakings of the scheme are: 18
Employers will need to declare that, on their best endeavours, they will continue to employ the affected employees at a minimum of 80% of their income for the duration of the subsidy period. This is the equivalent of keeping people working 4 out of 5 days of the week. Employers must also have taken active steps to mitigate the impact of COVID-19 (eg. engaged with their bank/financial advisor) and sign a declaration form to that effect. Applications can be made through an online portal on the Work and Income website www.workandincome.govt.nz . MSD will aim to make first payments no later than five working days from when applications are received. More information on the wage subsidy scheme, including how to apply, and other support for businesses can be found at www.govt.nz/coronavirus . Employers should also review your employment agreements for clauses that deal with such a situation, such as an “Interruption of Employment” clause and consider what action you might take. Communicate with your staff and consult with them in good faith to discuss any potential variations and act in accordance with the terms of their employment agreements. The Restaurant Association Agreements include a Business Interruption clause. We can provide advice on managing this situation in your business – call 0800 737 827. Please remember that the Restaurant Association is here to support you and your business as well. This includes the Helpline advice, as well as business mentoring and marketing advice. Members are encouraged to call the Restaurant Association Helpline on 0800 737 827 for advice on managing the current situation, or planning for the future, in your business. 19
Food Safety advice: For information and updates about food safety and 2019 Coronavirus (COVID-19), and New Zealand Food Safety’s guidance for food handlers and food businesses, visit www.mpi.govt.nz/coronavirus-and-food- safety/. New Zealand Food Safety, in conjunction with the wider Ministry for Primary Industries, Ministry of Health and international organisations, is closely monitoring developments around the COVID-19 outbreak. Can the virus be transmitted through food? Experience with recent acute respiratory diseases such as Severe Acute Respiratory Syndrome (SARS) and Middle East Respiratory Syndrome (MERS) suggests that people are unlikely to be infected with the virus through food. There isn’t evidence to date of this happening with the 2019 Coronavirus (COVID-19). Coronaviruses cannot grow in food – they need a host (animal or human) to grow in. Cooking for at least 30 minutes at 60°C kills SARS, which is a similar coronavirus. Coronaviruses are most commonly passed between animals and people and from person-to-person contact. The source of the COVID-19 virus is believed to be animals, but the exact source is not yet known. The virus is commonly transmitted through direct mucous membrane contact by infectious droplets, e.g. breathing in airborne virus from the sneeze of someone who is infected, or through hand to mouth/nose contact after fingers have touched a contaminated surface. Investigations in China are continuing to identify the source of the outbreak and ways it can be transmitted to people. 20
What can food handlers do? It is possible that infected food handlers could introduce the virus to the food they are in contact with by coughing and sneezing, or through hand contact. However, this is unlikely to occur if food handlers in food businesses and in the home follow standard, good personal hygiene practices that reduce the risk of transmission of most foodborne illnesses. These practices include: proper hand hygiene safe food practices cough/cold hygiene practices avoiding close contact, when possible, with anyone showing symptoms of respiratory illness such as coughing and sneezing. Food handlers must wash hands (even if they have no disease symptoms): before starting work before handling cooked or ready-to-eat food after handling or preparing raw food after handling waste after cleaning duties after using the toilet after blowing their nose, sneezing or coughing after eating, drinking, or smoking after handling money. Good hygiene and cleaning will also prevent cross-contamination between raw or undercooked foods and cooked or ready-to-eat foods in the kitchen or service area. It is important that food handlers inform their employer, avoid preparing food for other people, and seek medical advice if they think they have symptoms of respiratory illness. Employers may ask staff to stay home until after medical advice is given. Similarly, if staff have been overseas to affected regions or in contact with persons who have, they should inform their employer and seek appropriate medical advice. 21
What can food business owners/managers do? It is unlikely that COVID-19 can be transmitted through food, and there isn’t evidence to date of this happening. Usual good hygienic manufacturing practices and thorough cooking for cooked products will minimise the risk of transmission for any foodborne illness. Employers still have an important role to play in preventing foodborne illness. They should: ensure staff are aware of the COVID-19 issue stay informed of staff who have been overseas to affected regions or in contact with persons who have, and seek appropriate medical advice ensure that food handlers are trained appropriately in food hygiene practices appropriate to their premises ensure effective supervision of food handlers to reinforce hygienic practices ensure that appropriate facilities are provided for hand washing or sanitation (e.g. alcohol gels/wipes) to enable food handlers to practice good hygiene ensure that food handlers and external contractors are aware that they must report any signs/symptoms of respiratory illness before or during work keep vigilant and ensure that food handlers and other staff are not ill and are fit to work ensure that staff with symptoms stay home until medical advice is obtained fully support staff through access to medical advice and during convalescence. 22
Health & Safety advice Numerous obligations are owed by a Person Conducting a Business or Undertaking (PCBU), which includes an employer. This requires you to protect workers health, safety and welfare from hazards and risks that arise in their workplace. Obligations, include, but are not limited to, PCBUs owing a duty of care to eliminate risks to health and safety, so far as reasonably practicable, for their employees (while undertaking work for their employer), and also workers that undertake work for the PCBU where it is directed by the PCBU. A worker is therefore someone who does work, in any capacity, for a business. This includes someone who does work as: An employee A contractor or subcontractor, or someone employed by one Someone employed by a labour hire company who is assigned to work in the business An apprentice or trainee An outworker Someone getting work experience or doing a work trial A volunteer worker You need to manage risks, to the extent you have, or would be expected to have, the ability to control what the risks relate to. Duties cannot be transferred from one person and/or business to another. Health and Safety Policy for COVID-19 Pursuant to these Health and Safety obligations, it is our advice that in consultation with your employees, you should be introducing a COVID-19 (Coronavirus) policy now via email, or some other form of communication. 23
The Restaurant Association helpline team has produced the following resources which are available for members through the Resources section of the website: https://www.restaurantnz.co.nz/membership-resources/resources/ (note these are member-only documents and you will need to be logged in to access). : a sample health & safety policy and email template to introduce the policy for COVID-19 . a sample health & safety signage for customers for COVID-19 a sample health & safety policy for suppliers for COVID-19 COVID-19 cleaning and hygiene guidelines a sample email update for customers to outline what the business is doing – COVID-19 Other resources are also available from https://www.restaurantnz.co.nz/membership-resources/resources/: HPA infosheet – How to protect yourself and others HPA infosheet – What is contact tracing? HPA infosheet – How is COVID-19 spread Ministry of Health Poster – Protect yourself and others from coronavirus – Chinese Ministry of Health Poster – Protect yourself and others from coronavirus – English Please note that our resources are templates only, and that you need to consider the individual requirements of your business, risks that are specific to your workplace, and eliminate these risks so far is reasonably practical to do so. In the event that it is not reasonably practicable to do so, then the PCBU needs to minimise the risks so far as reasonably possible. These posters and other assets, including social media images available also on the Ministry of Helath website: https://www.health.govt.nz/our-work/diseases- and-conditions/covid-19-novel-coronavirus/covid-19-novel-coronavirus- resources#posters and the HPA website: https://www.hpa.org.nz/covid-19. 24
Some general guidance, is as follows: At this time, in order to meet your obligations as a PCBU, it would be prudent to implement a Health and Safety policy in consultation with your employees. In accordance with the above definition of “workers”, such obligation extends to persons falling within that definition, and would also potentially include patrons to your business in the form of a notice in your workplace warning affected persons not to enter your workplace. Although we know that you may be reluctant to do so, this has become more common recently and would be a relevant consideration at this time. Currently, such policy should include matters concerning, but not limited to the following (it needs to be tailored to you specific business requirements, identifiable risks, and steps you are taking to mitigate such risks): Hygiene in your workplace; That an employee should not attend work if they are unwell including the correct notification procedures to follow and who to contact; That if they are experiencing particular symptoms, in accordance with the Ministry of Health (MOH) guidelines, they should not attend work, contact you immediately if they suspect that this is the case, contact Healthline immediately, and take their direction from this Government agency including that you (the employer) will communicate with the employee throughout this process, and that the employee will do the same; That an employee can contact you confidentially with any concerns that they may have. Please provide both your mobile number and appropriate email address; In accordance with the MOH guidelines, self-isolation is only necessary at this stage, if an employee has been in direct personal contact with someone who is infected, or has recently arrived in New Zealand from anywhere in the world (excluding the Pacific), or been in close contact with someone who has recently arrived in New Zealand from overseas (excluding the Pacific); and That the situation may change at any time and that you will keep them updated as best you can. 25
Health & Wellbeing We recognise that this is a very difficult time for many people and it is important that we all take note of our own health and wellbeing, as well as those of your staff. It’s normal to feel distressed and experience symptoms of stress in this time. However, if over days and weeks your distress or stress symptoms are escalating or you feel you are not coping, help and professional support is available: Restaurant Association members and your staff can access a professional EAP service to help if they are experiencing personal or work-related difficulties. This service is provided by an independent company called EAP Services Limited, and their professionals are all qualified, registered and experienced EAP specialists. Find out more here. The Restaurant Association has also created, in collaboration with the Mental Health Foundation, specific resources on mental health and wellbeing, which are available here: https://www.restaurantnz.co.nz/membership- resources/resources/?category=mental-health-wellbeing&access=. Resources available include: o Tip card: A How-To on having mental health conversations in your workplace o Why talk about mental health at work? o How to have a conversation about mental health o Helplines and Local Mental Health Services o A Guide for Managers: Let’s make mental health part of the conversation o Frequently asked questions about mental health o Managing Employees’ Mental Health Issues o Incorporating Wellness into your Life in Hospitality o Five Ways to Wellbeing at Work Toolkit For support with grief, anxiety, distress or mental wellbeing, you can also call or text 1737 to talk with a trained counsellor at the Mental Health Foundation, for free, 24 hours a day, 7 days a week. 26
Tips for managing your own mental wellbeing 1. Spend time in places that feel safe and comfortable as much as possible. 2. Tell yourself that how you are feeling is a normal reaction and will pass – it is nothing to be afraid of. 3. Reach out to your usual supports – family and whānau, friends and workmates. Sharing how we feel and offering support to others is important. 4. Keep to usual routines – mealtimes, bedtime, exercise and so on. 5. Keep active – going to work, doing usual leisure activities and seeing friends can improve general wellbeing and help distract from distressing feelings. 27
Advice from Immigration New Zealand regarding visa applications: Immigration New Zealand understand visa applicants and current visa holders may have some questions about their specific circumstances. Please go to the Immigration New Zealand website: https://www.immigration.govt.nz/about-us/media-centre/news- notifications/coronavirus-update-inz-response for information and FaQ’s around work visas that may address your concerns. 28
Useful links: o www.covid19.govt.nz o Ministry of Health: https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus o MSD / Work & Income: https://www.workandincome.govt.nz/products/a-z-benefits/covid-19-support.html o IRD: https://www.ird.govt.nz/Updates/News-Folder/tax-relief-coronavirus o MPI: https://www.mpi.govt.nz/protection-and- response/responding/alerts/coronavirus/coronavirus-and-food-safety/ o Mental Health Foundation: https://www.mentalhealth.org.nz/get-help/covid-19/ o Regional Tourism Organisations: https://rtnz.org.nz/destinations o Tourism New Zealand: https://www.tourismnewzealand.com/ o World Health Organisation https://www.who.int/news-room/q-a-detail/q-a-coronaviruses 29
The Restaurant Association has taken all reasonable care to ensure that the information materials contained on our website and in this guide are true and correct at the time of publication. The information provided is general information only and is not intended to constitute legal advice. Therefore, the Restaurant Association accepts no responsibility for any loss, errors or omissions which may arise pertaining to such reliance. Restaurant Association of New Zealand p: 09 638 8403 e. info@restaurantnz.co.nz www.restaurantnz.co.nz / www.dinefind.co.nz 30
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