
As the lockdown in South Africa is eased and businesses start to re-open, ensuring the health and safety of employees and members of the public will be of paramount importance. Government has introduced various regulatory measures with the hope of achieving this goal, many of which have important implications for employers.In combination, these regulatory measures present a potential minefield of confusing requirements. They also place a number of obligations on employers, with severe consequences for failure to comply.
To help our clients overcome this challenge, we have compiled a ‘Assent Compliance COVID-19 Compliance Toolkit’, which provides the full suite of the documents required to comply with the Minister of Employment and Labour’s Occupational Health and Safety Direction, which is binding on all employers eligible to resume operations amid the pandemic.
The pack caters for small, medium and large enterprises and is available electronically, with downloadable access. It contains the following documents:
Included in the toolkit
Form CV01.01. COVID-19 Ready Workplace Plan
In terms of Regulation 16(6)(b) of Government Notice 480 of 2020 develop a plan for the phased in return of their employees to the workplace, prior to reopening the workplace for business, which plan must correspond with Annexure E and be retained for inspection and contain the following information:
i. which employees are permitted to work;
ii. what the plans for the phased-in return of their employees to the workplace are;
iii. what health protocols are in place to protect employees from COVID-19; and
iv. the details of the COVID-19 compliance officer
Form CV02.01. COVID-19 Appointment Letter Compliance Officer
In terms of Regulation 16(6)(a) of Government Notice 480 of 2020 all businesses must designate a COVID-19 compliance officer who will oversee the:
i. implementation of the Covid-19 Ready Workplace Plan; and
ii. adherence to the standards of hygiene and health protocols relating to COVID-19 at the workplace
Form CV03.01. COVID-19: Employer Risk Assessment
Regulation 16(1) of Government Notice 479 of 2020, stipulates that you must undertake a risk assessment to give effect to the minimum measures required by this Directive taking into account the specific circumstances of the workplace.
Form CV04.01. Staff COVID-19 Communication Package
In terms of Regulation 16(3) – (4) of Government Notice 479 of 2020, Every employer must establish the following administrative measures:
i. It must notify all workers of the contents of this Directive and the manner in which it intends to implement it;
ii. It must notify its employees that if they are sick or have symptoms associated with the COVID-19 that they must not come to work and to take paid sick leave in terms of section 22 of the BCEA;
iii. It must appoint a manager to address employee or workplace representative concerns and to keep them informed and, in any workplace in which an health and safety committee has been elected, consult with that committee on the nature of the hazard in that workplace and the measures that need to be taken.
Form CV05.01. Staff COVID-19 Risk Communication Package
In terms of Regulation 16(9) of Government Notice 479 of 2020 all employers must provide workers with information that raises awareness in any form or manner, including where reasonably practicable leaflets and notices placed in conspicuous places in the workplace informing workers of the dangers of the virus, the manner of its transmission, the measures to prevent transmission such as personal hygiene, social distancing, use of masks, cough etiquette and where to go for screening or testing if presenting with the symptoms. https://iris.wpro.who.int/handle/10665.1/14482
Form CV06.01. COVID-19 Checklist
Regulation 16(6) of Government Notice 479 of 2020 stipulates that the employer must ensure that the measures required by this Directive and its risk assessment plan are strictly complied with through monitoring and supervision
Form CV07.01. Minutes of Meeting between Management and Employees
Regulation 16(6) of Government Notice 479 of 2020 stipulates that the employer must ensure that the measures required by this Directive and its risk assessment plan are strictly complied with through monitoring and supervision
Form CV08.01. Physical Distance Checklist
Regulations 17 – 19 of Government Notice 479 of 2020 stipulates that every employer must ensure that social distancing measures are implemented through supervision both in the workplace and in the common areas outside the immediate workplace through queue control or within the workplace such as canteens and lavatories. These measures may include dividing the workforce into groups or staggering break-times to avoid the concentration of workers in common areas.
Form CV09.01. Employee Screening Register
Regulations 17 – 19 of Government Notice 479 of 2020 stipulates that every employer must ensure that social distancing measures are implemented through supervision both in the workplace and in the common areas outside the immediate workplace through queue control or within the workplace such as canteens and lavatories. These measures may include dividing the workforce into groups or staggering break-times to avoid the concentration of workers in common areas.
Form CV10.01. COVID-19 Visitor / Contractor Screening before entering business / practice
Regulation 21 of Government Notice 479 of 2020 stipulates that every employer must take measures to –
- 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);
- 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, diarrhoea, fatigue, weakness or tiredness; and
iii. require workers to immediately inform the employer if they experience any of the symptons in sub-clauses 21.1 and 21.2 while at work.
Form CV11.01. COVID-19 Personal Protective Equipment Register
In terms of section 39 of Government Notice 479 of 2020 every employer must check regularly on the websites of the National Department of Health[9], National Institute of Communicable Diseases[10] and the National Institute for Occupational Health[11] whether any additional PPE is required or recommended in any guidelines given the nature of the workplace or the nature of a worker’s duties.
Form CV12.01. COVID-19 Health, hygiene & facilities checklist
In terms of section 25 of Government Notice 479 of 2020 every employer must, free of charge, ensure that –
- here are sufficient quantities of hand sanitizer based on the number of workers or other persons who access the workplace at the entrance of, and in, the workplace which the workers or other persons are required to use;
every employee who works away from the workplace, other than at home, must be provided with an adequate supply of hand sanitizer
Form CV13.01. Permit to Perform an Essential or Permitted Service
In terms of section Regulations 16(2)(b) and 28(4) of Government Notice 480 of 2020 a person may only leave their place of residence to go to work where a permit which corresponds with Form 2 of Annexure A, has been issued