By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney

On 29 April 2020 the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published regulations in terms of the Disaster Management Act (“the Regulations”).

The requirements, arising out of the Regulations that must be met before returning to work are set out below:

1. Employers operating permitted industries, businesses, entities, both private and public sector must assess workplace risks and, based on same, develop a workplace plan prior to reopening the workplace for business.
   
2. The workplace plan must address the phased return of the employees to the workplace and the strict health protocols to be implemented therein the workplace.
   
3. The phased in return of employees is intended to manage the return of employees from other provinces, metropolitan and district areas.
   
4. The workplace plan must take note of and make provision for staff members who are over 60 years old and staff who have comorbidities.   Special measures must be implemented to ensure the health of these vulnerable groups.
   
5. The employer must develop measures to ensure that the workplace meets the standards of health protocols, provides adequate space for employees and implement social distancing measures. The arrangements for social distancing must be for the staff members and the customers or general public.
   
6. A COVID-19 compliance officer must be appointed in order to oversee the implementation of the workplace plan and the adherence to the standards of hygiene and health protocols relating to COVID-19 at the workplace.
   
7. The return to work must be done in a manner that avoids and reduces risks of infection.

Should you require formal advice on the above, please do not hesitate to contact us.