Lockdown Stage 4 - Workplace Readiness

On the 4th of May 2020 the Department of Labour had a Media Briefing on Stage Four Direction.

Direction for Stage 4

Government has said that the easing of the lockdown will be a carefully phased process based on a risk assessment and the necessary levels of preparation. Therefore, in returning to work it cannot be business as usual.

With this in mind, as the Minister of Employment and Labour, I issued a Direction - in terms of Regulation 10 (8) of the Regulations issued by the Minister of Cooperative Governance and Traditional Affairs in terms of Section 27 (2) of the Disaster Management Act, 2002 (Act No. 57 of 2002). The Direction sets out the measures that employers are required to take to prevent the transmission of COVID19 in workplaces.

The Department is working closely with the Department of Health in creating an environment to support employers in combatting the disease. It should also be flagged that the inspectorate conducts inspections at all workplaces including health care facilities in terms of the Regulations for Hazardous Biological Agents to ensure safe and hygienic conditions.

The Direction seeks to ensure that the measures taken by employers under the Occupational Health and Safety Act are consistent with the overall national strategies and policies to minimise the spread of COVID-19. The Direction reflects all that we have learnt about the virus and how to combat it over the period of the lockdown, and from international best practice.

The Direction contains the basic measures that employers must take to prevent the transmission of the corona virus in the workplace. Businesses that are re-opening must put these measures in place before restarting work. A risk assessment or risk assessment review must be undertaken to adapt the provisions of the Direction to the specific requirements of individual workplaces. The Direction in no way reduces the existing obligations on employers in terms of the Occupational Health and Safety Act, 1993.

The Direction is based on infection transmission prevention and specific occupational hygiene practices that focus on the need for employers to implement measures to mitigate or eliminate the transmission of the virus in the workplace.

Employers must take measures to protect the health and safety of everyone in their workplace. This includes employees of contractors, self-employed persons and volunteers. The process starts with a risk assessment in the workplace and a clear plan to implement the measures contained in the Direction.

Every employer must:

• Notify workers of the contents of the Direction and how it will be implemented.
• They must inform employees that if they have COVID 19 symptoms they must not be at work and grant paid sick leave or apply for COVID19 TERS benefits.
• The employer must appoint a manager (from within the existing structure) to address the concerns of employees and workplace representatives.
• They must take measures to minimise the contact between workers and between workers and the public to prevent transmission.
• They must minimise the number of workers in the workplace at any time through shift or working arrangements to achieve social distancing.
• The employer must provide employees with information concerning COVID19 and how to prevent its transmission.
• They must report any diagnosis of COVID19 at work to the Department of Health and the Department of Employment and Labour, investigate the cause, and take appropriate measures. It is a contravention not to do so as an employer.
• They must support any contact tracing measures initiated by the Department of Health.

 With regard to social distancing

• Workplaces must be arranged to ensure a minimum of 1? meters between workers.
• If this is not practicable, physical barriers must be erected and workers must be supplied free of charge with appropriate Personal Protective Equipment (PPE).
• Social distancing must be implemented in all common areas in and around the workplace to prevent crowding (including working spaces, canteens, meeting rooms etc.).

 In relation to screening

• Employers must screen workers for symptoms of COVID19 at the time that they report for work, namely: fever, cough, sore throat, redness of eyes or shortness of breath (or difficulty in breathing); body aches, loss of smell or loss of taste, nausea, vomiting, diarrhoea, fatigue, weakness or tiredness.
• Workers should immediately inform the employer if they experience any symptoms while at work. Not doing so is a contravention of the Occupational Health and Safety Act by the worker. More importantly, the worker puts themselves – and their co-workers – at risk.
• Workers with symptoms must be placed in isolation and arrangements made for their safe transport for a medical examination or for self-isolation.
• Shops (and other workplaces to which the public have access) must screen all persons entering the workplace for symptoms.
• Employees who recover from COVID19 may return to work after a medical evaluation and subject to ongoing monitoring, in line with instructions of the Department of Health.

 In relation to sanitisers and disinfectants, employers must:

• Provide sufficient quantities of hand sanitiser with at least 70% alcohol content;
• ensure that work surfaces, equipment and common areas such as toilets, door handles and shared equipment are regularly cleaned and disinfected; and
• provide adequate facilities for hand washing with soap and clean water and sufficient paper towels.

  Masks 

• Workers must wear masks at work.
• Employers must also require members of the public entering a workplace to wear masks.
• Employers must provide each employee, free of charge, with at least two cloth masks to wear while at work or commuting. There must be suitable arrangements for washing and drying masks. Ultimately, the employer remains responsible for the maintenance and upkeep of PPEs. Where a risk assessment indicates, workers must be provided with alternative appropriate PPE (eg N95 or N97 masks) to provide a greater level of protection.
• Every workplace must be well ventilated to reduce the viral load.

 In relation to Personal Protective Equipment (PPE)

• Employers must keep up to date with recommendations from agencies such as the National Institute for Communicable Diseases and the National Institute for Occupational Health on the appropriate steps to take to prevent transmission in their workplaces and for the provision of PPE.

 In relation to enforcement

• Labour Inspectors are empowered to promote, monitor and enforce compliance with the Direction. An employer who does not comply with the Direction may be ordered to close their business.
• In addition, as the failure to comply fully with the OHSA (Occupational Health and Safety Act) is a criminal offence, failure to take the necessary measures to prevent the transmission of COVID19 may result in criminal prosecution.

 Investigation and Enforcement Services

• The Labour Inspectors have carried out some 2,226 inspections during the lockdown. This includes public sector premises and 86 health facilities. The rate of compliance by employers has increased from 50% to over 60% over the period of the lockdown.
• The Inspectors informs that basic hygiene measures and PPEs are increasingly evident in most workplaces. Where this was not the case, on average of 9 Prohibition Orders were issued per day – leading to total or partial shutdown.
• Currently there are 170 Inspectors in the field (out of a total of 200). I need to mention that these include highly experienced and qualified inspectors, used to working with hazardous materials.
• In the 2019 budget, provision was made to employ an additional 500 Inspectors. This process is now being expedited to meet the demands of the pandemic. The Department is also looking at using accredited, registered inspection bodies to increase its reach.
• It would be impossible to inspect every one of the 1.8 million businesses. Therefore, Inspectors rely upon the support of individual workers, unions and socially responsible employers in providing vital information – which in turn allows the Inspectors to focus on hotspots and to make an example of particular offenders. In turn, this leads to greater self-regulation and compliance.

The Department said that whilst they depend on the good will of responsible employers, workers also have a responsibility here: to wash or sanitise their hands, to wear the PPEs provided, to keep their workstations clean, and to follow directives in relation to health and safety. This is in everyone’s interest – so that everyone remains safe and we curb the spread of the Corona virus.

Do not hesitate to contact us for assistance with workplace readiness programs and training - [email protected].