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

Notices

Consolidated Directions on Occupational Health and Safety measures in certain workplaces

1. Definitions

Purchase

In these Directions, a word or expression bears the meaning assigned to it in the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) or the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and in the Regulations made by the Minister of Cooperative Government and Traditional Affairs in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002), and published under Government Notice No. R. 480, in Government Gazette No. 43258 of 29 April 2020, as amended, and unless the context otherwise indicates—

"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;

"COVID-19 vaccines"

means a vaccine that has been scientifically evaluated and recommended by the WHO and approved by the South African Health Products Regulatory Authority1 to be effective in preventing severe disease and death, and likely to reduce SARS-CoV-2 viral transmission in order to contribute to herd immunity;

"Department"

means the Department of Employment and Labour;

"Disaster Management Act"

means the Disaster Management Act, 2002 (Act No. 57 of 2002);

"health services"

means—

(a)	health care services, including reproductive health care and emergency medical treatment, contemplated in section 27 of the Constitution;

(b)	basic nutrition and basic health care services contemplated in section 28(1)(c) of the Constitution;

(c)	medical treatment contemplated in section 35(2)(e) of the Constitution; and

(d)	municipal health services;

"health worker"

includes—

(a)	a health care provider providing health services in terms of any law including—

(i)	Allied Health Professions Act, 1982 (Act No. 63 of 1982);

(ii)	Health Professions Act, 1974 (Act No. 56 of 1974);

(iii)

Nursing Act, 1978 (Act No. 50 of 1978);

(iv)	Pharmacy Act, 1974 (Act No.53 of 1974); and

(v)	Dental Technicians Act, 1979 (Act No. 19 of 1979);

(b)	any other person who is engaged in the provision of health services including those providing management and support services;

"inspector"

means a person—

(a)	designated as an inspector in terms of section 28 of OHSA;

(b)	with the approval of the Minister responsible for Transport, a railway safety inspector appointed in terms of section 32 of the National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002) in respect of a "network" and a "railway operation" as those terms are defined in that Act;

(c)	law enforcement officers appointed with public health responsibilities by a local authority authorised in terms of direction 16(1);

"OHSA"

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

"PPE"

means personal protective equipment;

"Regulations"

means the Regulations made under section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) in respect of the declaration of a state of national disaster under section 27(1) of the Act published under Government Notice No. R.303 in Government Gazette No. 43906 of 15 March 2020 as extended in terms of section 27(5)(c) of the Act;

"Vaccination guidelines"

means the guidelines in Schedule C to this Direction;

"virus"

means the SARS-CoV-2 virus;

"vulnerable employee"

means any employee, as contemplated in the Department of Health Guidelines2—

(a)	with known or disclosed health issues or comorbidities or any other condition that may place the employee at a higher risk of complications or death than other employees if infected with SARS-CoV-2 virus; or

(b)	above the age of 60 years who is at a higher risk of severe COVID-19 disease or death if infected;

"worker"

means any person who works in an employer's workplace including an employee of the employer or contractor, a self-employed person or volunteer3; and

"workplace"

means any premises or place where a person performs work.

____________________________________

1 Established in terms of section 2 of the Medicines and Related Substances Act, 101 of 1965.

2 Guidance on vulnerable employees and workplace accommodation in relation to COVID-19 - see the link in Annexure A.

3 The distinction between 'worker' and 'employee' in the Directions 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.