With COVID-19 declared a pandemic by the World Health Organisation (WHO) it is important for employers to know what to do to ensure they provide a safe and healthy environment for their employees.
Webber Wentzel Law Firm has provided the following guidelines from a health and safety perspective and the legal obligations employers have in light of the global outbreak of COVID-19.
According to the Law Firm, The Occupational Health and Safety Act 85 of 1993 places an express obligation on the employer to maintain a working environment that is safe and healthy. On the issue of a healthy working environment, the employer must ensure that the workplace is free from any risk to the health of its employees as far as it is reasonably practicable. “Within the context of Covid-19, there is a clear obligation on the employer to manage the risk of contamination in the workplace.”
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Employers should consider the following proactive steps, provided by Webber Winztel, when dealing with COVID-19.
- Follow health advice (as an international source) and the Department of Health and the National Institute of Communicable Diseases.
- Communicate with employees: The employer should consistently provide updates on COVID-19 to employees and its approach at work regarding attendance and preventing the spread of infection. The employer may also wish to display posters that provide information on the virus and hygiene.
- Prevent the spread of infection: The employer should consider that there are adequate facilities for employees to wash and or sanitise their hands regularly within the workplace. If it becomes necessary, the employer may introduce a designated area in the workplace where employees may self-isolate if they experience symptoms whilst at work. The WHO has advised that, in countries where the illness has started spreading, employees with a mild cough or low-grade fever (37.3 or more) should be encouraged to stay at home and seek medical attention immediately.
- Identify vulnerable workers: COVID-19 poses a greater risk to employees with weakened immune systems and long-term health conditions. Vulnerable workers include pregnant employees and disabled employees. Employers should pay special attention to such employees.
- Update emergency contact information: Employees should be required to review and update their emergency contact information.
- Manage business trips: The employer should issue clear travel guidelines to its employees on international travel, particularly to countries affected by COVID-19. The employer should also bear in mind that travel by employees to countries which are currently unaffected by Covid-19 could still pose a risk of infection as such countries may become affected at any time. It is advisable for employers to consider requesting all employees to disclose international travel (to all countries) undertaken by them (or any person who they live with) since 1 February 2020. This may assist the employer with its risk assessment to determine the likelihood of contamination in the workplace.
- Know the conditions of quarantine:
If a medical doctor places an employee in quarantine, the employee should receive a medical certificate and in such circumstances, the employee will be on sick leave. In the case of compulsory quarantine, the employee will not be on sick leave unless a medical certificate has been issued to the employee placing the employee in quarantine.
After the quarantine period and even if an employee does not display any symptoms, the employer may nevertheless require the employee to be tested by a medical practitioner and to provide the employer with a medical certificate confirming that the employee can return to work.
If an employee contracts COVID-19, the employer should apply its sick leave policy to such an employee. The employee must obtain a medical certificate and any time out of the office will be considered as sick leave.
Due to the nature of the illness, an employee with COVID-19 should not be permitted to return to work until that employee is cleared to do so by a medical practitioner.
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