Regulations at workplaces during Covid-19

When businesses, industries and entities (both in the private and public sector) re-open for business, they need to undertake a risk assessment and develop a plan outlining the protective measures in place for the return of employees before opening.
They need to consult on the risk assessment and plan with any representative trade union, any health and safety committee and in the absence of such committee, a health and safety representative should be consulted.
The regulations state that when employees are sick or have symptoms associated with Covid-19, they must not come to work and rather take paid sick leave. Employers must appoint a manager as a Covid-19 compliance officer. If a worker has been diagnosed with Covid-19, an employer must:

Also read: Employees can be compensated for contracting Covid-19

• Inform the Department of Health and the Department of Labour;
• Investigate the mode of exposure, including any control failure, and review its risk assessment to ensure that the necessary controls and PPE requirements are in place;
• Determine the need to temporarily close the affected work area for decontamination using incident-based risk assessment with due regard to the Department of Health’s Guidelines; and
• It must give administrative support to any contact-tracing measures implemented by the Department of Health.
If a worker presents with Covid-19 related symptoms or advises the employer of these symptoms, the employer must not permit the worker to enter the workplace or report for work, or if the worker is already at work:
• The employer must immediately isolate the worker, provide the worker with a surgical mask and arrange for the worker to be transported in a manner that does not place other workers or members of public at risk, either to be self-isolated or to be referred for a medical examination or testing; and
• Assess the risk of transmission, disinfect the area and the worker’s workstation, undertake contact tracing and refer those workers who may be at risk for screening and take any other appropriate measure to prevent possible transmission;
• Place its employees on paid sick leave and if the employee’s sick leave entitlement is exhausted, make application for an illness benefit;
• Ensure that the employee is not discriminated against on the grounds of having tested positive for Covid-19;
• If there is evidence that the worker contracted Covid-19 arising out of and in the course of employment, lodge a claim for compensation in terms of the Compensation for Occupational Injuries and Diseases Act.
If a worker has been diagnosed with Covid-19 and isolated in accordance with DoH Guidelines, an employer may allow a worker to return to work on the following conditions:
• The worker has completed the mandatory 14 days of self-isolation;
• The worker has undergone a medical evaluation confirming fitness to work (if the worker had moderate or severe illness);
• The employer ensures that personal hygiene, wearing of masks, social distancing and cough etiquette is strictly adhered to by the worker;
• The employer closely monitors the worker for symptoms on return to work;
• The worker wears a surgical mask for 21 days from the date of diagnosis.
Level 4 Regulations emphasise that all businesses should appoint a Covid-19 Compliance Officer who “must” make sure that safety measures are adhered to. Businesses also have their own internal protocols that they follow, which should be in line with recommendations from the Department of Health. The employer must contact 0800-02999 and the Department of Labour for necessary processes of the Compensation Fund.

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