Covid-19 (Workplace Restrictions) (Jersey) Order 2020[1]

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

Showing the law from 4 January 2022 to 31 January 2022

 

 

Covid-19 (Workplace Restrictions) (Jersey) Order 2020

Article

A1          Interpretation. 3

1             Declaration of start and end of restriction period. 4

2                              5

3                              5

4             General provisions on opening and closing of workplaces. 5

5             Visitors required to wear masks. 5

5A          Condition of opening: workers wearing masks or visors. 6

5B           Conditions of opening: visitors giving contact tracing data. 7

5C                         9

5D          Exception for certain gatherings of children in workplaces. 9

5E           Exceptions to certain mask-wearing requirements. 9

5F           Enforcement Officers. 10

6             Citation and commencement 10

Table of Legislation History. 11

Table of Endnote References. 14

 

Covid-19 (Workplace Restrictions) (Jersey) Order 2020

A1     Interpretation[2]

(1)     In this Order –

“accommodation premises” means premises registered under Article 2 of the Tourism (General Provisions) (Jersey) Order 1990 and any club that provides accommodation for its members, whether or not including their guests;

“amusement centre” means a building or place used principally for playing billiards or other like games, electronic or mechanical amusement devices such as pinball machines, video or arcade games and the like;

“close contact premises” means a building –

(a)     other than a school or day care accommodation (within the meaning of the Day Care of Children (Jersey) Law 2002);

(b)     where a visitor receives a service from an individual that –

(i)      is provided by the individual as a doctor, nurse, hairdresser or tattooist, or

(ii)      otherwise involves, or is of a nature that normally involves, touching the visitor or spending more than 15 minutes closer than 2 metres to the visitor;

“entertainment facility” means the auditorium of a concert hall, dance hall, theatre, cinema and the like;

“food and drink premises” means premises (whether or not licensed premises), or a place, used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, or at or away from the place, and includes the following –

(a)     a restaurant, café or public bar;

(b)     takeaway food and drink premises;

(c)     premises operating with the permission of the Minister for Economic Development, Tourism, Sport and Culture under the Policing of Beaches (Jersey) Regulations 1959;

(d)     registered premises operating under a valid registration certificate issued under the Places of Refreshment (Jersey) Law 1967;

“indoor area” means an area, room or other structure (including a marquee or stadium) that has a roof and is closed by more than half the surface area extending upwards from its perimeter to the height of the roof;

“indoor physical activity facility” means a building or other indoor area that is used, whether predominantly or occasionally, for sport, dance or exercise, including a squash court, indoor sport court, gymnasium, trampoline centre, bowling alley, climbing wall, dance or yoga studio or any other building or area of a like character used for those physical activities;

“indoor play area” includes any part of a workplace used for soft play, play that involves the use of play equipment such as climbing frames, swings, ropes, slides or a ball pit or dressing up;

 “ritual gathering” means a gathering –

(a)     for the celebration of a marriage or civil partnership;

(b)     for a funeral; or

(c)     that is part of a service of religious worship,

but not a reception, wake or other event separate from but commonly associated with the gathering;

“visitor” means a person who does not live in the workplace and is in the workplace for a purpose other than carrying out work;

“visitor attraction” means a museum, zoo or other visitor attraction to the extent of its indoor areas.[3]

(2)     In this Order a reference to a workplace being prohibited from being open to the public, or open to the public only for specified purposes, does not permit the workplace to be open only to a section of the public (such as a club with a defined membership).[4]

(3)     In relation to food and drink premises, a reference to retail sale of food or drink or both includes any situation in which food or drink or both are supplied in return for payment to enter to the premises or place or in which payment is made in return for a ticket or other token entitling the holder to food or drink (or both).[5]

1        Declaration of start and end of restriction period[6]

A restriction period –

(a)     starts on the coming into force of this Order; and

(b)     ends at the end of Monday 31st January 2022.

2        [7]

3        [8]

4        General provisions on opening and closing of workplaces[9]

(1)     No workplace may be open to the public unless the occupier or operator of the workplace has taken all reasonable steps to assist in controlling the spread of Covid‑19, including taking account of any relevant guidance.

(2)     Any workplace that is not prohibited from being open under any other provision of this Order may be open.

5        Visitors required to wear masks[10]

(1)     A visitor aged 12 or older must wear a mask covering the visitor’s mouth and nose while in a workplace to which this Article applies, unless an exemption in paragraph (5) applies.

(2)     [11]

(3)     This Article applies to the following workplaces –

(a)     indoor areas of retail premises;

(b)     banks open to the public and not solely to persons who have or intend to open an account with that bank;

(c)     public transport vehicles or premises, being workplaces that are –

(i)      public service vehicles, within the meaning of the Motor Traffic (Jersey) Law 1935,

(ii)      bus stations, or

(iii)     buildings used for port operations, within the meaning of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, relating to passengers, other than a building in which the visitor remains inside a vehicle;

(d)     close contact premises;

(e)     indoor areas of accommodation premises;

(f)      indoor areas of markets;

(g)     libraries;

(h)     changing facilities;

(i)      indoor play areas;

(j)      visitor attractions;

(k)     indoor areas of auction houses;

(l)      betting agencies;

(m)    workplaces used by driving instructors registered under Article 6 of the Road Traffic (Jersey) Law 1956 to give instruction as described in Article 5(1) of that Law except where doing so would make driving unsafe;

(n)     indoor areas of amusement centres;

(o)     workplaces in indoor areas while they are being used for funerals;

(p)     indoor areas of entertainment facilities;

(q)     community halls (including parish halls), function rooms or the like, but only where people are gathered for the purpose of attending an event such as a performance, rehearsal, meeting, party, exhibition, evening class or other group activity. [12]

(4)     [13]

(5)     An exemption applies if the visitor –

(a)     has a physical or mental disability or illness that renders the visitor unable to put on a mask, or unable to take a mask off;

(b)     has a respiratory or other physical condition, other than symptoms of Covid-19, that would involve a significant risk of harm to any person if the visitor wore a mask;

(c)     has a psychological condition, or other fear or distress, that would involve a significant risk of harm to any person if the visitor wore a mask;

(d)     is a carer of another visitor, if –

(i)      the other visitor has a psychological condition that would involve a significant risk of harm to any person if the carer wore a mask, or

(ii)      the carer is communicating with the visitor who needs to see the carer’s mouth or full face, whether for lipreading or other reasons;

(e)     is receiving a service, such as dentistry or diagnosis, that has to be delivered by touching or inspecting the visitor’s mouth or nose; or

(f)      is receiving a service that briefly requires the person providing the service to see the visitor’s face for identification or similar purposes.

(6)     However, an exemption under paragraph (5)(a) to (d)(i) applies only if –

(a)     the visitor wears a visor, within the meaning of Article 5A(1)(b), instead of a mask; or

(b)     a factor described in paragraph (5)(a), (c) or (d)(i) would apply in relation to a visor worn instead of a mask.

5A     Condition of opening: workers wearing masks or visors[14]

(1)     A workplace to which this Article applies, that is permitted to be open under any other provision of this Order, may remain open only on the condition that the occupier or operator of that workplace requires every person (a “worker”) working at the workplace in the presence of a visitor to wear –

(a)     a mask covering the worker’s mouth and nose; or

(b)     a visor, being a see-through barrier, impervious to air, that is worn on the head and screens the worker’s whole face without covering the mouth and nose.

(2)     This Article applies to the following workplaces –

(a)     retail premises;

(b)     food and drink premises;

(c)     accommodation premises;

(d)     close contact premises;

(e)     public transport vehicles or premises;

(f)      indoor areas of markets;

(g)     libraries;

(h)     indoor physical activity facilities;

(i)      changing facilities;

(j)      indoor play areas;

(k)     visitor attractions;

(l)      indoor areas in auction houses;

(m)    workplaces used by driving instructors registered under Article 6 of the Road Traffic (Jersey) Law 1956 to give instruction as described in Article 5(1) of that Law;

(n)     indoor areas of amusement centres;

(o)     workplaces in indoor areas while they are being used for funerals;

(p)     indoor areas of entertainment facilities;

(q)     nightclubs;

(r)      community halls (including parish halls), function rooms or the like, but only where people are gathered for the purpose of attending an event such as a performance, rehearsal, meeting, party, exhibition, evening class or other group activity.[15]

(2A)   In the case of retail premises, food and drink premises or accommodation premises, the requirement in paragraph (1) applies additionally while the worker is in the presence of a person working as part of a different workforce to the worker.[16]

(3)     [17]

(4)     The worker need not be required to wear a mask or visor when –

(a)     interacting with a visitor who has a psychological condition that would involve a significant risk of harm to any person if the worker wore a mask; or

(b)     communicating with a visitor who needs to see the worker’s mouth or full face, whether for lipreading or other reasons.

(5)     The driver of a public service vehicle need not be required to wear a mask or visor when doing so would make driving unsafe.[18]

5B     Conditions of opening: visitors giving contact tracing data[19]

(1)     A workplace to which this Article applies, that is permitted to be open under any other provision of this Order, may remain open only on the condition that this Article is complied with.[20]

(2)     This Article applies to a workplace at which a person works in the presence of the visitor, if the workplace is –

(a)     food and drink premises (including nightclubs), unless the food or drink is for the visitor’s consumption off the premises only and the visitor does not enter an indoor area of the premises other than to collect the food or drink (but not to order it, pay for it or wait for it to be ready for collection);

(aa)   accommodation premises;

(b)     close contact premises; or

(c)     used by driving instructors registered under Article 6 of the Road Traffic (Jersey) Law 1956 to give instruction as described in Article 5(1) of that Law;

(d)     indoor physical activity facilities;

(e)     indoor play areas;

(f)      amusement centres;

(g)     a workplace in an indoor area used for a ritual gathering;

(h)     entertainment facilities;

(i)      a community hall (including a parish hall), function room or the like, but only where people are gathering for the purpose of attending an event such as a performance, rehearsal, meeting, party, exhibition, evening class or other group activity;

(j)      visitor attractions;

(k)     auction houses.[21]

(2A)   The occupier or operator of the workplace must require –

(a)     at least one visitor aged 12 or over in every party of visitors that has such a visitor and is attending the workplace as a group; and

(b)     every visitor aged 12 or over attending the workplace singly,

to provide or have provided relevant personal data before arriving, on arrival or as soon as practical after arriving at the workplace.[22]

(3)     A person required to provide relevant personal data must be given access to information explaining the reason for the requirement.

(4)     The data may be provided either –

(a)     manually to a person working at the workplace in a form enabling the data to be retained on behalf of the occupier or operator of that workplace; or

(b)     via an electronic application, to be retained by the occupier or operator, by a third party, or by both.

(5)     If the data is provided manually –

(a)     the visitor must give –

(i)      his or her full name, and

(ii)      his or her mobile phone number or, if none, his or her landline phone number; and

(b)     the person to whom it is provided must record –

(i)      the data given by the visitor,

(ii)      the date and time at which the visitor gave the data, and

(iii)     if the visitor is seated in a zoned area, which zone the visitor is seated in.

(6)     If the data is provided via an electronic application, the application must record –

(a)     the visitor’s full name;

(b)     the visitor’s mobile phone number or, if none, his or her landline phone number; and

(c)     the date and time at which the visitor gave the data.

(7)     The data provided under this Article –

(a)     may be used only for the purpose of assisting in supressing the spread of Covid-19 by tracing anyone who may be at risk of contracting it through contact with an infected individual;

(b)     must be stored so that it can be accessed only for that purpose;

(c)     must be passed to the Minister when so requested; and

(d)     must be retained for 21 days and then destroyed.

(8)     Nothing in this Article limits any obligation under the Data Protection (Jersey) Law 2018 in relation to the processing of data or to the giving of information to a person who is required to provide data.

(9)     [23]

5C      [24]

5D     Exception for certain gatherings of children in workplaces[25]

(1)     The requirements of Article  5B do not apply in respect of children participating in –

(a)     a gathering of up to 10 children (not counting children under the age of 5 and adults organising the gathering) for the purpose of an activity specifically for those children;

(b)     a gathering of any number of children for the purposes of –

(i)      education or before or after school activity provided by a school, or

(ii)      registered day care of children,

including for the purposes of travel in connection with that education, activity or registered day care; or

(c)     a gathering of any number of children organised by the Jersey Youth Service administered by the Department of Children, Young People, Education and Skills, including for the purposes of travel in connection with that gathering.[26]

(2)     In this Article “registered day care” means looking after children as a day carer registered under the Day Care of Children (Jersey) Law 2002 or in day care accommodation registered under that Law, but a gathering is not disqualified from being for the purposes of registered day care of children merely because some (but not all) of those children are aged 12 or older.

5E      Exceptions to certain mask-wearing requirements [27]

(1)     The requirements of Article 5 and 5A do not apply to people present in a workplace for the purposes of –

(a)     rehearsing or performing theatrical works, recitations or music consisting of singing or playing a musical instrument, while they are acting, reciting, singing or playing their instrument, preparing to do so, or in the process of finishing their rehearsal or performance; or

(b)     speaking to a gathering of people.

(2)     The requirement of Article 5(3)(e) (indoor areas of accommodation premises) does not apply to a visitor while the visitor is in the private quarters in which the visitor intends to stay overnight or in an area where food or drink is being consumed.

(3)     The requirement of Article 5(3)(h) (changing facilities) does not apply to a visitor while changing.

(4)     The requirement of Article 5A(2)(h) (indoor physical activity facilities) does not apply while the worker is in a part of the facility currently being used for sport, dance or exercise.

5F      Enforcement Officers[28]

A person is an enforcement officer for the purpose of the Covid‑19 (Workplace Restrictions) (Jersey) Regulations 2020 if the person –

(a)     is a States’ employee as defined in the Employment of States of Jersey Employees (Jersey) Law 2005;

(b)     is employed as an enforcement officer within the Covid Safe team; and

(c)     carries an identification card, issued by the Minister, on which is displayed the person’s name and photograph, and one of the job titles listed in sub-paragraph (b).

6        Citation and commencement

This Order may be cited as the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 and comes into force on the day after it is made.

Endnotes

Table of Legislation History

◦Projets available at statesassembly.gov.je

Table of Endnote References