National Small Business Act, 1996 (Act 102 of 1996)
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesConsolidated Directions on Occupational Health and Safety measures in certain workplaces3. Risk assessment and plans for protective measures |
| (1) | Every employer must— |
| (a) | undertake a risk assessment |
| (i) | to give effect to the minimum measures required by these Directions, taking into account the specific circumstances of the workplace and the requirements of the OHSA Regulations for Hazardous Biological Agents; |
| (ii) | within 21 days of the coming into force of the amendment to this Direction, in accordance with sections 8 and 9 of the OHSA, taking into account the operational requirements of the workplace, whether it intends to make vaccination mandatory and , if so, to identify those employees who by virtue of the risk of transmission through their work or their risk for severe COVID-19 disease or death due to their age or comorbidities that must be vaccinated; |
| (b) | on the basis of that risk assessments, develop a plan or amend an existing plan— |
| (i) | outlining the protective measures in place for the phased return of its employees before opening; and |
| (ii) | outlining the measures that the employer intends to implement in respect of the vaccination of its employees in accordance with this Direction and taking into account the Guidelines in Annexure C; |
| (c) | consult on the risk assessment and plan with— |
| (i) | any representative trade union, as contemplated by section 14(1) of the Labour Relations Act, 1995 (Act No. 66 of 1995); and |
| (ii) | any health and safety committee established in terms of section 19 of the OHSA or, in the absence of such a committee, a health and safety representative designated in terms of section 17(1) of the OHSA or employee representative; and |
| (d) | make that plan available for inspection by an inspector and a person contemplated in sub-direction (c). |
| (2) | The plan referred to in sub-direction (1)(b)(i) must include— |
| (a) | the date that the workplace will open and the hours of opening; |
| (b) | a list of employees permitted to return to work and those who are required to work from home; |
| (c) | the plan and timetable for the phased-in return of employees to the workplace; |
| (d) | identify the vulnerable employees for the purposes of direction 4(b); |
| (e) | ways of minimising the number of workers at the workplace at any one time as contemplated in direction 4(h); |
| (f) | the workplace protective measures required to be taken in terms of these Directions and any sectoral guideline to get the workplace COVID-19 ready; |
| (g) | the measures for the daily screening of employees and the screening of clients, contractors and visitors to the workplace; and |
| (h) | the details of the COVID-19 compliance officer appointed in terms of direction 4(f); and |
| (i) | a procedure to resolve any issue that may arise from the exercise by an employee of the right to refuse to work in the circumstances contemplated in direction 14(1). |
| (3) | The plan referred to in sub-direction 1(b)(ii) must include— |
| (a) | the identification of those employees contemplated in sub-direction 1(a)(ii); |
| (b) | the process by which the obligations in terms of this Direction are going to be complied with; and |
| (c) | subject to any collective agreement that determines otherwise whether the employer is planning to make it mandatory for employees identified in terms of paragraph (a) to be vaccinated as and when COVID-19 vaccines become available in respect of those employees. |
| (4) | In developing and implementing a plan in terms of subsection 1(b)(ii) an employer must take into account the rights of its employees to to bodily integrity in section 12(2) and the right to freedom of religion, belief and opinion in section 13 of the Constitution. |
