“adverse event following immunisation”

means an adverse event caused by a SARS-CoV-2 vaccination and includes adverse events following immunization as categorised by the WHO2;

"BCEA"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

"COVID-19"

means Coronavirus Disease 2019 as a result of infection of the SARS-CoV-2 virus;

"Department"

means the Department of Employment and Labour;

"EVDS”

means the Government’s Electronic Vaccination Data System3;

“HBA Regulations”

means Regulations for Hazardous Biological Agents promulgated in terms of section 43 of OHSA in GN R….. of ….. 2022;

"inspector"

means a person–

“LRA”

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

“NDOH”

means the National Department of Health;

"OHSA"

means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

"PPE"

means personal protective equipment contemplated in section 11;

“SAHPRA”

means the South African Health Products Regulatory Authority in terms of the Medicines and Related Substances Act, 1965 (No.1 of 1965);

“SARS-CoV-2”

means severe acute respiratory syndrome coronavirus 2, the virus responsible for causing the coronavirus disease 2019 (COVID-19). SARS-CoV-2 has undergone numerous changes over time, resulting in the emergence of several variants. Some of these, that are likely to cause severe disease are referred to as “variants of concern” and include the Beta, Delta and Omicron variants.

“reasonable accommodation”

means any modification or adjustment to a job or to the working environment that will allow an employee who fails or refuses to be vaccinated to remain in employment and incorporates the relevant portions of the Code of Good Practice: Employment of People with Disabilities published in terms of the Employment Equity Act, 1999 (Act 97 of 1999);

“vaccination certificate”

means a certificate issued by the EVDS or a COVID-19 Vaccination Record Card issued by the NDOH or any other digital certificate issued outside the Republic and recognised by the NDOH;

"vaccinated”

means fully vaccinated with vaccines and includes an additional dose or booster and “vaccination” has the same meaning;

“vaccines”

means the COVID-19 vaccines and boosters that have been scientifically evaluated and recommended by the WHO and registered or authorised by SAHPRA to be effective in preventing severe disease and death;

"virus"

means the SARS-CoV-2 virus;

"worker"

means any person who works in an employer's workplace including an employee of the employer or contractor, a self-employed person or volunteer4; and

"workplace"

means any premises of an employer or place where a person performs work.

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2 https://vaccine-safety-training.org/adverse-events-classification.html

3 https://www.gov.za/covid-19/vaccine/evds

4 The distinction between 'worker' and 'employee' in this Code is used to ensure that all persons who in work in a workplace are protected and to locate the responsibility in respect of certain obligations imposed on the employer in respect of its employees such as an application for illness benefits or worker's compensation.