Lawyers look at World Health Organisation guidelines and law regarding safety at stadiums
JOBURG – It is law in South Africa for stadium management to do their best to ensure the safety of staff and spectators during events.
Experts have analysed how the World Health Organisation believes sports stadiums should open safely, and tied that in with South African law.
Senior Advocate Joani van Vuuren, professional support lawyer Shane Johnson and candidate attorney at Webber Wentzel Tsholofelo Mofokeng, have looked at health and safety regulations, municipal by-laws and Covid-19 protocols with non-contact sports reopening.
The World Health Organisation has provided guidance on the risk assessment that event organisers need to consider when spectators can attend stadiums.
Recommendations by the WHO prior to an event
• Temperature monitoring at stadium entrances
• Ensure the availability of handwashing, alcohol-based hand gels and hygiene facilities at multiple locations in the stadium
• Ensure there is good hygiene signage across the stadium
• Prepare an isolation room or space to hold any spectators who may develop symptoms consistent with Covid-19 while they wait to be taken to a medical facility
• Provide first aid and medical services, including designated medical providers who are able to triage and refer suspected cases for Covid-19 testing
• Ensure there is sufficient personal protective equipment for the designated staff at the stadium
• Take measures to regulate the flow and density of people entering, attending, and departing from the stadium.
Recommendations by the WHO during and after an event:
• Social distancing measures – ensuring designated seats in the stadium with widely spaced spectators
• Adjust the official carrying capacity of the stadium
• Have contact tracing measures in place
• Take measures to regulate the flow of persons departing from the stadium to prevent crowding
• Ensure there is a regular and thorough cleaning, as well as disinfection of the stadium during and after the sports event
• Require everyone attending the event to wear a mask
• Arrangements should be made with health authorities regarding the diagnosis and treatment of Covid-19 cases identified during the event
• Individuals who develop symptoms upon returning to their homes should be advised to contact public health authorities about their potential exposure.
South Africa follows a risk-based approach in ensuring that appropriate measures are in place to guarantee the public’s health and safety and the National Commissioner can categorise an event as low, medium or high risk.
According to the above-mentioned experts, it is imperative that event organisers prepare a written safety plan which deals with various health and safety considerations. This plan must be submitted to the National Commissioner for written approval.
According to the law
The duty to provide a working environment that is safe and without risk to the health and safety of employees is codified in section 8(1) of the Occupational Health and Safety Act 85 of 1993 (OHSA), which provides that ‘every employer shall provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to the health of his employees’.
Stadium management also has a duty to ensure the general safety of other persons who are not in their direct employ. These persons can include visitors or independent contractors performing certain services during the stadium-hosted event.
Under such circumstances, the stadium management, as the employer, has a duty to ‘conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety’.
The experts believe if stadium management adheres to the above guidelines, spectators will be able to watch sports at stadiums again soon.
