| 21. |
Every employer must take measures to— |
| 21.1 |
screen any worker, at the time that they report for work, to ascertain whether they have any of the observable symptoms associated with COVID-19, namely fever, cough, sore throat, redness of eyes or shortness of breath (or difficulty in breathing); |
| 21.2 |
require every worker to report whether they suffer from any of the following additional symptoms: body aches, loss of smell or loss of taste, nausea, vomiting, diarrhea, fatigue, weakness or tiredness; and |
| 21.3 |
require workers to immediately inform the employer if they experience any of the symptoms in sub-clauses 21.1 and 21.2 while at work. |
| 22. |
Employers must comply with any guidelines issued by the National Department of Health in consultation with the Department in respect of— |
| 22.1 |
symptom screening; and |
| 22.2 |
if in addition required to do so, medical surveillance and testing. |
| 23. |
If a worker presents with those symptoms, or advises the employer of these symptoms, the employer must— |
| 23.1 |
not permit the worker to enter the workplace or report for work; or |
| 23.2 |
if the worker is already at work immediately— |
| 23.2.1 |
isolate the worker, provide the worker with a FFP1 surgical mask and arrange for the worker to be transported in a manner that does not place other workers or members of the public at risk either to be self isolated or for a medical examination or testing; and |
| 23.2.2 |
assess the risk of transmission, disinfect the area and the worker’s workstation, refer those workers who may be at risk for screening and take any other appropriate measure to prevent possible transmission; |
| 23.3 |
ensure that the worker is tested or referred to an identified testing site; |
| 23.4 |
place its employee on paid sick leave in terms of section 22 of the BCEA or if the employee’s sick leave entitlement under the section is exhausted, make application for an illness benefit in terms of clause 4 of the Directive issued on 25 March 2020 on the COVID-19 Temporary Employer Relief Scheme under regulation 10(8) of the Regulations promulgated in terms of section 27(2) of the Disaster Management Act; |
| 23.5 |
ensure that the employee is not discriminated against on grounds of having tested positive for COVID-19 in terms of section 6 of the Employment Equity Act, 1998 (Act No. 55 of 1998); |
| 23.6 |
if there is evidence that the worker contracted COVID-19 as a result of occupational exposure, lodge a claim for compensation in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993) in accordance with Notice 193 published on 3 March 2020.7
|
| 24. |
If a worker has been diagnosed with COVID-19 and isolated in accordance with the Department of Health Guidelines, an employer may only allow a worker to return to work on the following conditions: |
| 24.1 |
The worker has undergone a medical evaluation confirming that the worker has been tested negative for COVID-19; |
| 24.2 |
the employer ensures that personal hygiene, wearing of masks, social distancing, and cough etiquette is strictly adhered to by the worker; and |
| 24.3 |
the employer closely monitors the worker for symptoms on return to work. |
_______________________________________
6 For more specific guidelines see: Department of Health "Guidelines for symptom monitoring and management of essential workers for COVID-19 related infection".
7 GG 43126 GN193 of 23 March 2020.
National Small Business Act, 1996 (Act 102 of 1996)
