| (1) |
Every employer must establish the following administrative measures: |
| (a) |
If the employer employs more than 50 employees, that employer must submit a record of its risk assessment, together with a written policy concerning the protection of the health and safety of its employees from COVID-19, as contemplated in section 7(1) of the OHSA to— |
| (i) |
its health and safety committee established in terms of section 19 of the OHSA; and |
| (ii) |
the Department of Employment and Labour within 21 days of the commencement of this Direction;4
|
| (b) |
it must require employees to disclose whether they have any of the health issues, comorbidities or conditions contemplated in the definition of vulnerable employees and thereafter take special measures to mitigate the risk of COVID-19 for those employees in accordance with the Department of Health's Guidelines5 to facilitate their safe return to work or their working from home; |
| (c) |
it must notify all workers of the contents of these directions and the manner in which it intends to implement it; |
| (e) |
it must notify its employees that, if they are sick or have symptoms associated with COVID-19, that they must not come to work and must take paid sick leave in terms of section 22 of the BCEA; |
| (f) |
it must appoint a manager as a COVID-19 compliance officer to— |
| (i) |
oversee the implementation of the plan contemplated in direction 3(1)(b); |
| (ii) |
oversee the adherence to the health and safety measures established in the workplace to give effect to requirements of this Direction including appointing employees to perform this function if the employer has more than one workplace; and |
| (iii) |
address employee or workplace representative concerns and to keep them informed and, in any workplace in which an health and safety committee has been elected, consult with that committee on the nature of the hazard in that workplace and the measures that need to be taken; |
| (g) |
it must ensure that the measures required by this Direction and its risk assessment plan are strictly complied with through monitoring and supervision; |
| (h) |
it must, as far as practicable, minimise the number of workers at the workplace at any given time through rotation, staggered working hours, shift systems, remote working arrangements or similar measures in order to achieve social distancing as contemplated in direction 5 and to limit congestion in public transport and at the workplace; |
| (i) |
it must take measures to minimise contact between workers as well as between workers and members of the public; |
| (j) |
it must provide workers with information that raises awareness in any form or manner, including where reasonably practicable leaflets and notices placed in conspicuous places in the workplace informing workers of the dangers of the virus, the manner of its transmission, the measures to prevent transmission such as personal hygiene, social distancing, use of masks, cough etiquette and where to go for screening or testing if presenting with COVID-19 related symptoms; |
| (k) |
if a worker has been diagnosed with COVID-19, it must— |
| (i) |
inform the National Institute for Occupational Health6 in accordance with the National Department of Health Guidelines7 either directly or through an employers' association; |
| (ii) |
inform the Compensation Commissioner in accordance with the Directive on Compensation for Workplace-acquired Novel Corona Virus Disease (COVID-19)8; |
| (iii) |
investigate the mode of exposure, including any control failure, and review its risk assessment to ensure that the necessary controls and PPE requirements are in place; |
| (iv) |
determine the need to temporarily close the affected work area for decontamination using an incident -based risk assessment with due regard to the Department of Health's Guidelines9 after consultation with the health and safety committee, if there is one, or with a health and safety representative; and |
| (v) |
give administrative support to any contact-tracing measures implemented by the Department of Health. |
| (2) |
In addition to the duties listed in subdirection (1), an employer who employs more than 50 employees in a workplace— |
| (a) |
must submit the following categories of data to the National Institute for Occupational Health10 in the manner set out in the National Department of Health Guidelines11: |
| (i) |
Each employee's vulnerability status for serious outcomes of a COVID-19 infection; |
| (ii) |
details of the COVID-19 screening of employees who are symptomatic; |
| (iii) |
details of employees who test positive in terms of a positive laboratory test for the COVID-19 virus12; |
| (iv) |
the number of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive; |
| (v) |
details on the post-infection outcomes of those testing positive, including the return to work assessment outcome; |
| (b) |
must submit the data referred to in para (a)— |
| (i) |
once in respect of each employee's status contemplated in sub-para (i); |
| (ii) |
as soon as possible before Tuesday of each week in respect of the data referred to in sub-paras (ii) to (v) for the previous calendar week commencing on Sunday; |
| (c) |
must inform its employees of the submission made in terms of sub-direction (a) and advise them of its adherence to the Protection of Personal Information Act, 2013 (Act No.4 of 2013); |
| (d) |
may submit that data to an employer association if the association has— |
| (i) |
entered into an agreement with the National Institute for Occupational Health to receive, process and submit the data to the Institute; and |
| (ii) |
undertaken to submit the data on behalf of the employer. |
_______________________________________
4 Submission must be made by email to the address of the appropriate Provincial Chief Inspector listed in http: //www.labour.gov.za/About-Us/Ministry/Pages/IES0320-7398.aspx
5 Guidance on vulnerable employees and workplace accommodation in relation to COVID-19 - see the link in Annexure A.
6 Report must be made to the [email protected] or via the online platform at http://ohss.nioh.ac.za/
7 National Department of Health Guideline: Guideline on the submission of COVID-19 related health data from workplaces to the National Department of Health-see link in Annexure A.
8 GN 387, 23 July 2020, GG 43540.
9 Guidance note for workplaces in the event of identification of a COVID-19 positive employee-see link in Annexure A.
10 At the following email address: [email protected] or via the online platform at http://ohss.nioh.ac.za/
11 National Department of Health Guideline: Guideline on the submission of COVID-19 related health data from workplaces to the National Department of Health-see link in Annexure A.
12 The type of test (antigen or antibody) must be specified in the submission.
National Small Business Act, 1996 (Act 102 of 1996)
