The Regulations in terms of the Disaster Management Act set out specific measures that employers are required to take to protect their employees in the workplace from COVID-19.
According to Regulations 5 (4) (e) and 47 (1) (a) as well as Clause 16(5) of the COVID-19 Directives on Health and Safety in the Workplace, the employer must designate an employee in writing, as a Compliance Manager, Officer and Employee whose duties, amongst other things, are to ensure that:
Compliance Manager
A COVID-19 Manager must be appointed to ensure the implementation of and adherence to Standard Operating Procedures for the risk mitigation of COVID-19 in the workplace, in addition they are to address employee or workplace representative concerns and to keep them informed. In any workplace in which an health and safety committee has been elected, the compliance manager must consult with that committee on the nature of the hazard in that workplace and the measures that need to be taken, as required by Government Notice No. 479 29 April 2020 - 479 Disaster Management Act (57/2002): COVID-19 Occupational Health and Safety Measures in Workplaces Covid-19 (C19 OHS), 2020 and the Risk Adjustment Strategy Regulations of 28 May 2020. It is also important to note that the COVID-19 manager should be appointed by the Occupational Health and Safety Act Section 16(1) appointee and can be either the Section 16.2 or the Construction Manager in terms of the construction regulation 8(1).
Compliance Officer: Section 47 (1) a of the Regulations issued in terms of the Disaster Management Act of 2002
Duties will include but not limited to:
- The COVID-19 prevention measures are complied with.
- The COVID-19 health and hygiene protocols are complied with.
- The workplace plan is complied with.
Compliance Employee: Section 5 (4)(e) of the Regulations issued in terms of the Disaster Management Act 2002
Duties will include but are not limited to:
- Determine their area of floor space in square metres.
- Based on the information contemplated in paragraph (a), determine the number of customers and employees that may be inside the premises at any time with adequate space available.
- Take steps to ensure that persons queuing inside or outside the premises are able to maintain a distance of one and a half metres from each other.
- Provide hand sanitisers for use by the public and employees at the entrance to the premises
NB: It is also important to note that it is strongly advised against appointing the Health and Safety Representative to these appointments as their roles are strictly covered under sections 17 and 18 of the Occupational Health and Safety Act no85 of 1993
Reporting obligations
The Directive provides that if an employee has been diagnosed with COVID-19, the employer must inform the Department of Health and the Department of Employment and Labour and investigate the cause and review its risk assessment to ensure that the necessary controls and PPE are in place. The employer must also give administrative support to any contact-tracing measures implemented by the Department of Health.
The above is aligned with the following in terms of the Occupational Health and Safety Act and Regulations no 85 of 1993:
- All incidents in terms of Sect. 24 reported to the Provincial Director, Department of Labour within 7 days (WCL 1 or 2) (1)
- Cases of Occupational Diseases Reported in terms of general Safety Regulations 8
- All injuries which resulted in the person receiving medical treatment other than first aid, are investigated and reported in terms of General Administrative Regulations 8 and 9
In order to assist members, the Association complied the following three templates for use.
Appointment of COVID-19 Compliance Employee Template (MS Word)
Appointment of COVID-19 Manager Template (MS Word)
Appointment of COVID-19 Compliance Officer Template (MS Word)
The Association trusts that the above has provided clarity on the three-tier appointments and reporting of employees that have been diagnosed with COVID-19.
Neil Enslin | Occupational Health and Safety Manager.
