Inspectors find workplaces aren’t complying with Covid-19 protocols – Nxesi

Minister of Employment and Labour Thulas Nxesi announced that employers who will be reopening their businesses in terms of level 3 will be required to appoint a Covid-19 compliance officer.

During the economic cluster media briefing on Thursday, Nxesi said the compliance officer will undertake a risk assessment of the workplace and develop a plan for the return to work.

He said: “As the department of labour one of the most important functions that we have to perform is to inspect workplaces to ensure healthy and safe working conditions.

“We have seen low compliance, which means that employers have to do more to ensure that their workplaces are safe. Workplaces need to ensure that the correct number of employees return and those offices are deep-cleaned and vehicles disinfected.”

The minister said the department’s inspections conducted earlier this week, found that of 72 workplaces, 44 were not compliant.

“The inspectors served six prohibition notices, 37 contraventions and six improvement notices – just on the one day.
We need to change behaviour in response to the dangers posed by Covid-19.”

He said to date a total of 332 prohibition notices were served, averaging out at about nine prohibition notices per day. Out of 3,844 inspections, 2,116 complied while 1,724 failed to comply.

The minister said employees have the right to refuse to work if they believe the necessary precautions have not been put in place to prevent transmission of the virus.

“Where such disputes arise, employers must seek to resolve this as quickly as possible. If the dispute leads to the dismissal or unfair labour practices, these cases can be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA), we have activated them, starting from the beginning of the week.”

Employers may not deduct the cost of Covid-19 precautions from the employee’s salary or require them to pay from them, the minister said.

Key draft changes are:

• The obligations of employers to employees who have comorbidities, or are over 60 years of age, have been clarified because of medical evidence that they are more vulnerable to Covid-19 complications or death.
• Workers who have had close contact involving a high risk of transmission with a worker – or workers – diagnosed with Covid-19 must be placed on 14 days quarantine with paid sick leave. Department of health guidelines set out the procedure for assessing the risk of transmission.
• The requirements that all persons must wear masks in the workplace and that each employee must be given at least two masks are retained. The requirement to wash masks at work has been removed after feedback from trade unions.

Workplace standards:

• The correct number of employees return.
• Office space and factory floors are in a desirable state.
• Cleanliness and hygiene are top of mind with workplaces having been deep-cleaned and vehicles disinfected.

The minister said a number of employee inspectors in Gauteng are in self-isolation following one of their colleagues testing positive.

“We also have had one fatality of one of our workers who passed on as a result of Covid-19.”

UIF payments

The Unemployment Insurance Fund (UIF) has to date paid just over R15 billion in Covid-19 relief to 3 million workers, through 200,000 employers and bargaining councils.

Nxesi said the UIF is still processing the April applications. On Thursday, May applications were opened and the department is currently processing them.

CCMA

The CCMA has received cases which in total affect 28,000 employees. In an attempt to reduce the spread of the Covid-19 virus, and the need for applicants to have to physically go to a CCMA office to obtain referral forms, from 8 June, the application and referral forms will be available electronically from the CCMA website or the #CCMAConnect App.

The CCMA has received 47 applications for normal temporary employers/ employees/ relief scheme (TERS) funds to support wages of employees in distressed companies, , which are currently being processed, the minister said.

The department of labour centres will reopen on level 3 to assist clients with queries and applications for normal UIF benefits as well as Covid-19 TERS benefit queries.

The department has urged people to use their online services to avoid overcrowding, as well as the spread of the coronavirus.

(Compiled by Sandisiwe Mbhele)

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