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Disaster Management Act, 2002 (Act No. 57 of 2002)

Code of Practice

Managing Exposure to SARS-COV-2 in the Workplace, 2022

Chapter 1 - Introductory Provisions

2. Purpose of this Code

 

(1) A purpose of this Code is to guide employers and employees in managing exposure to SARS-CoV-2 in the workplace by providing guidance to employers and employees in—
(a) conducting or updating a risk assessment in terms of the OHSA and the HBA in respect of SARS-CoV-2 exposure;
(b) developing a plan to limit infection, transmission and mitigate the risks of serious illness or death on the basis of that risk assessment;
(c) implementing the plan;
(d) managing absence from work due to infection, isolation and adverse effects of vaccination;
(e) seeking to accommodate employees who refuse or fail to vaccinate against SARS-CoV-2 .

 

(2) Another purpose of this Code is to require any person interpreting an employment law to take this Code into account in respect of any matter arising from its application. This includes employees, trade unions, employers, employers’ organisations, inspectors, conciliators, arbitrators and judges.

 

(3) To the extent that this Code advances an interpretation of the law, that interpretation is the policy of the Minister and the Department and should be applied unless that interpretation is reversed by a decision of the courts.

 

(4) Apart from those provisions of this Code that reproduce the obligations contained in the employment laws, the Code is intentionally general because workplaces and their requirements differ. Accordingly departures from the non-obligatory provisions of this Code may be justified in appropriate circumstances. Any employer or employee who departs from them must demonstrate justifiable reasons for doing so.