I propose to take Questions Nos. 498, 499, 500, 501, 508, 511, 515, 516, 518, 526, 527, 531 and 532 together.
The Government’s ‘Work Safely Protocol’ published on 14th May, 2021 incorporates the current advice on Public Health measures and sets out the procedures required in workplaces to prevent the spread of COVID-19. All employers are required to have an up to date COVID-19 Response Plan in place. The COVID-19 Response Plan details the policies and practices necessary for a school to implement the Government’s ‘Work Safely Protocol’, so as to prevent the introduction and spread of COVID-19 in the school environment. The plan outlines the arrangements in place to ensure a safe workplace for all employees. There is an obligation on the employer to discuss the school’s COVID-19 Response Plan with employees and ensure that all appropriate risk mitigation measures are clearly in place for their protection. The employer has obligations under the Safety, Health and Welfare at Work Act, 2005 to ensure the safety and welfare of staff at work. It is the duty of the employer to carry out a risk assessment to meet these obligations, including workplace pregnancy risk assessments. The employer should also review existing risk assessments to consider any new risks that arise due to the school’s COVID-19 Response Plan.
The evidence available from the operation of schools during COVID-19 to date, shows that schools are low risk environments due to the infection prevention and control measures in place. My Department has been guided by Public Health as to the mitigation measures needed to prevent the spread of COVID-19 in our schools. Public Health has stated that the new variants of the disease do not change the infection prevention and control measures required in schools. The aim of all of the COVID-19 infection prevention and control measures that have been put in place for schools is to support schools to operate safely and prevent the introduction of COVID-19 and also the onward transmission of COVID-19 among the school community. These measures protect pupils, their parents and school staff and are very effective when adhered to. The provision of CO2 monitors for every school will also be an important tool in keeping our schools safe and in addition to the mitigation measures already in place, our staff and students can be confident of returning to safe environments in our schools. As has been the case throughout the pandemic, the reopening of schools for the 2021/22 school year, will be carried out in close consultation with Public Health and the Education Partners.
In February this year, my Department requested that medical specialists thoroughly assess and recommend guidelines for ‘Very High Risk’ and also pregnant employees working in the education sector. At that time, my Department took a precautionary approach and instructed pregnant teachers and special needs assistants (SNAs) to work from home, pending the outcome of this review. The most recent guidance for the education sector was published by the HSE in July 2021 and authored by the Civil Service Chief Medical Officer, Institute of Obstetrics and Gynaecology, Public Health Medicine in HSE and Medmark Occupational Healthcare.
In the particular case of advice around pregnant employees, this advice was prepared in consultation with the Institute of Obstetrics and Gynaecology, the national professional and training body for Obstetrics and Gynaecology in Ireland, as well as other medical and public health professionals.
The HSE guidance for the education sector confirm that pregnant teachers and SNAs can safely attend the workplace in school where all the infection prevention and control measures are in place by implementation of the School COVID-19 Response Plan. This is the case whether or not the pregnant teacher or SNA has been vaccinated. However, all pregnant teachers and SNAs should apply to the Occupational Health Service (OHS) before the end of their first trimester, so that their individual medical circumstances can be assessed in the context of COVID-19. Those with underlying medical conditions may be categorised as ‘Very High Risk’ and be facilitated to work remotely i.e. work from home. For a pregnant teacher or SNA, from 14 weeks gestation and categorised as ‘High Risk’ by the OHS who works in a special education setting, she may in certain circumstances be exposed to a higher risk of contracting COVID-19 and may be facilitated to work outside of the special education classroom.
It is of course open to a pregnant teacher or SNA to discuss their individual medical concerns with their own medical team. Where their treating consultant has concerns over their fitness to work due to a pregnancy-related illness, then the terms and conditions of the Sick Leave Scheme (pregnancy related illness provisions) may apply, outside of the very specific COVID-19 health risk categorisation assessment by the OHS referred to above.
The COVID-19 health risk categorisation assessments are performed by a team of qualified and experienced specialists in occupational medicine. Available medical evidence, including reports from treating consultants as well as vaccination status of employees, are considered during the OHS COVID-19 health risk categorisation assessment process.
My Department’s Circular Letter 0042/2021 details the current working arrangements and leave arrangements during the COVID-19 pandemic for teachers and SNAs employed in recognised primary and post primary schools.