On 15 March 2020, South Africa’s President declared a National State of Disaster to deal with and prevent the spread of the current Corona Virus outbreak in South Africa.
What does this mean for employers, as employees’ health and safety is an integral obligation of an employers day to day business operations. In fact, the Occupational Health and Safety Act (“OHSA”) places a statutory obligation on employers to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees.
How does the above apply in the face of the current Corona Virus pandemic?
(1) BE INFORMED AND STAY INFORMED
Firstly, employers should stay informed about the current COVID-19 pandemic. We suggest that in order to do so, it is prudent to identify authoritative sources of public health guidance on the pandemic, and then stay up to date on all recommended and mandated actions.
(2) EDUCATE EMPLOYEES
OHSA obligates employers to provide information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of its employees. Accordingly, employees must be educated and informed with accurate information about the Corona Virus which includes, inter alia, details about precautions to take to prevent the spread of infection, about modes of transmission and the symptoms.
(3) SAFETY MEASURES – Hygiene Products
OHSA requires employers to take such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment. Accordingly, employers should ensure that employees are provided with the necessary hygienic products in the workplace to prevent infection such as hand sanitisers, hand washing stations, surface cleaners, etc.
(4) ASSESS YOUR WORKPLACE POLICIES
Ensure that you have work place policies in place that address how such a situation will be handled. For example, do you have a sick leave policy (is it in line with legislative requirements), do you have workplace emergency response protocols, have you conducted workplace risk assessments relating to communicable and/or infectious diseases and viruses, will you permit employees to work from home if infected, etc.
(5) MONITOR EMPLOYEES FOR SIGNS OF ILLNESS
If an employee shows respiratory symptoms, fever, cough, shortness of breath, or breathing difficulties, encourage that employee to seek medical attention, etc.
(6) RESCHEDULE WORK TRAVEL
It may be necessary to reschedule all non-critical work travel and to encourage employees to reschedule personal travel. Also, be sure to take cognisance of any travel bans in place when travelling.
DID YOU KNOW: In terms of OHSA, every employer who has more than 20 employees in its employment at any workplace, shall from such time as the number of employees exceeds 20, designate in writing for a
specified period health and safety representatives for such workplace, or for different sections thereof.
If you would any advice or additional information regarding the above, please contact our offices.
