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Should Higher Education Institutions Ask Staff and Students to Wear Face Coverings?

on Thursday, 24 September 2020.

Face coverings must be used in certain circumstances or areas, public transport, when visiting hospitals and in shops, to conform to the current Government advice and regulations.

In most circumstances, it is not mandatory to wear them on university campuses outside of these specific areas but we are now seeing a shift towards face coverings being recommended in more places and scenarios.

The university population generally consists of a diverse range of staff and students from a variety of backgrounds, all of whom are likely to have differing opinions on the use of face coverings.

Medical evidence has suggested that wearing a face covering does not protect the wearer but may protect others if the wearer is infectious and/or has not developed symptoms.

Face coverings should be used as a supplementary measure in addition to other protective measures (eg. frequent hand washing), particularly where social distancing is not possible.

The Latest HE Guidance

With students now returning to campus, the Government has updated its reopening buildings and campuses guidance.

The guidance provides some much needed clarity and suggests that face coverings should be worn as an additional risk mitigation measure by students, staff and visitors, where social distancing is difficult to maintain outside of teaching situations, such as in corridors and communal areas.

Where practical work requires close contact (eg. medicine, dentistry and nursing), use of face coverings or other protection should be in line with the relevant professional environment.

Where social distancing is difficult to maintain or good ventilation is difficult to provide, including workshops, laboratories, offices, libraries and teaching rooms, HEIs can adopt the use of face coverings as part of their wider COVID-secure measures, in addition to hand hygiene facilities and reduced access, provided the use of a face covering does not interfere with teaching and learning.

Face coverings are also likely to be appropriate in many social settings, including any events hosted by student clubs and societies and their use should be in line with other relevant government guidance for similar settings.

Coronavirus HE blogs

Are There Any Exemptions?

There are some relevant exemptions. HEIs should be mindful and respectful of such circumstances, where a student or staff member has a legitimate reason not to do so.

This includes:

  • if someone has a physical or mental illness or impairment, or a disability, that means they cannot put on, wear or remove a face covering

  • if putting on, wearing or removing a face covering would cause someone severe distress

Some students and staff may need to be able to lip-read, or see people’s faces, in order to communicate (there are companies now making lip-reading friendly face coverings).

There is further advice on exemptions contained in the face coverings guidance.

Do we have to provide face coverings?

With regards to provision of face coverings for staff and students, the Government has advised schools:

“It is reasonable to assume that staff and young people will now have access to face coverings due to their increasing use in wider society, and Public Health England has made available resources on how to make a simple face covering.”

However, where anybody is struggling to access a face covering, or where they are unable to use their face covering due to having forgotten it or it having become soiled or unsafe, education settings should take steps to have a small contingency supply available to meet such needs.

It would be reasonable for HEIs to adopt a similar stance.

How do we enforce the wearing of face coverings?

HEIs are responsible for ensuring that they are following government guidance to ensure appropriate COVID-secure measures are in place. They are also responsible for ensuring that staff and students are aware of the measures and guidance in place and take action to promote the importance of complying with these.

This could include:

  • regular communication to staff and students
  • signs and posters to reiterate the rules
  • a clear statement of expectations of student behaviour, eg. code of conduct
  • compliance with guidance

HEIs should consider incentives for compliance and disincentives for non-compliance including, in serious cases, the use of disciplinary measures.

As face coverings are not legally required in many instances, HEIs may find still it difficult to enforce a blanket face mask policy.

HEIs may use the internal disciplinary procedures for students but this could lead to student dissatisfaction and complaints, particularly where the law does not require face coverings to be worn.

Enforcement for staff may reference staff contracts and amendments to codes of conduct. Specific employment law considerations should be taken into account here.

What about in the event of local intervention/lockdown?

HEIs should take additional precautionary measures in local restriction areas, where the transmission of the virus is high and this is likely to include face coverings being worn by adults and students when moving around, such as in corridors and communal areas where social distancing is difficult to maintain.

In the event of new local restrictions being imposed, HEIs will need to liaise with the local health protection agencies and communicate quickly and clearly to staff and students, that the new arrangements require the use of face coverings in certain circumstances.


For further information, please contact Natalie Wargent in our Regulatory Compliance team on 07468 698955, or fill out the form below.

 

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