| (1) |
Every employer must take measures— |
| (a) |
to screen workers when they report for work in order to— |
| (i) |
ascertain whether they have any of the symptoms associated with COVID-19 as per the current National Institute for Communicable Diseases definition15, namely a cough, sore throat, shortness of breath (or difficulty in breathing), or loss of smell or taste; |
| (ii) |
determine whether they suffer from any of the following additional symptoms: fever, body aches, redness of eyes, nausea, vomiting, diarrhoea, fatigue, weakness or tiredness; and |
| (b) |
require workers to immediately inform the employer if they experience any of the symptoms in sub-direction (1)(a) while at work. |
| (2) |
Employers must comply with any guidelines issued by the the National Department of Health, in consultation with the Department, in respect of— |
| (a) |
symptom screening and testing;16 and |
| (b) |
if required to do so, medical surveillance and testing. |
| (3) |
Subject to sub-direction (8), if a worker presents with COVID-19-related symptoms, or advises the employer of these symptoms, the employer must— |
| (a) |
not permit the worker to enter the workplace or report for work; or |
| (b) |
if the worker is already at work immediately— |
| (i) |
isolate the worker, provide the worker with a surgical mask and arrange for the worker to be transported to a public health facility in a manner that does not place other workers or members of the public at risk either to be self-isolated or to be referred for a medical examination or testing; |
| (ii) |
assess the risk of transmission, disinfect the area and the worker's workstation, undertake contact tracing and refer those workers who may be at risk for screening and take any other appropriate measure to prevent possible transmission; |
| (iii) |
place its employee on paid sick leave in terms of section 22 of the BCEA or if the employee's sick leave entitlement under the section is exhausted, make application for an illness benefit in terms of section 20 of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001); |
| (iv) |
take steps to ensure that the employee is not discriminated against on grounds of having tested positive for COVID-19 in terms of section 6 of the Employment Equity Act, 55 of 1998; and |
| (v) |
if there is evidence that the worker contracted COVID-19 arising out and in the course of employment, lodge a claim for compensation in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993, in accordance with Notice No. 193 published on 3 March 2020.17
|
| (4) |
If a worker has been diagnosed with COVID-19 and isolated in accordance with the Department of Health Guidelines,18 an employer may only allow a worker to return to work— |
| (a) |
without requiring viral testing if the worker has completed the mandatory 10 days of isolation either from the onset of symptoms— |
| (i) |
mild cases of infection (not requiring hospitalisation for COVID-19); or |
| (ii) |
in moderate to severe cases of infection (requiring supplemental oxygen or hospitalisation) from the date of achieving clinical stability or earlier if the worker has gone a medical evaluation confirming fitness to work; |
| (b) |
if the employer ensures that personal hygiene, wearing of masks, social distancing, and cough etiquette is strictly adhered to by the worker; |
| (c) |
if the employer closely monitors the worker for symptoms on return to work; and |
| (d) |
if the worker, on return to work, wears a surgical mask19 for 21 days from the date of diagnosis. |
| (5) |
If a worker has been in contact in the workplace with another worker who has been diagnosed with COVID-19, the employer must assess that worker's exposure in accordance with the Department of Health's Guidelines20 to ascertain whether the exposure carries a high or low risk of transmission between the workers. |
| (6) |
If there is a low risk exposure, the employer— |
| (a) |
may permit the worker to continue working using a cloth mask complying with standard precautions; and |
| (b) |
must monitor the worker's symptoms for 10 days from the first contact. |
| (7) |
If there is a high risk exposure— |
| (a) |
a health worker must remain in quarantine for 7 days or with the agreement of the worker, 5 days; |
| (b) |
all other workers must remain in quarantine for 10 days; and |
| (c) |
the employer of that worker must place the worker on sick leave in accordance with sub-direction (3)(b)(iii) for that period; |
| (d) |
if the worker remains asymptomatic, no further testing is required prior to return to work, except in respect of health workers returning to work in less than 10 days. |
| (8) |
Sub-direction (3) does not apply to workers who present with symptoms commonly between one to three days contemplated in sub-direction (1) as a result of a COVID-19 vaccination. |
| (9) |
Should an employee suffer side effects as a result of a COVIDf-19 vaccination and is unable to attend work following vaccination, the employer must in accordance with section 22 of the BCEA place its employee on paid sick leave. For the purposes of this sub-direction, an employer may accept a COVID-19 vaccination certificate issued by an official vaccination site in lieu of a medical certificate. |
___________________________________
15 Clinical management of suspected or confirmed CQVID -19 disease - see the link in Annexure A.
16 For more specific guidelines see Guidelines for symptom monitoring and management of workers for SARS-CoV-2 infection-see the link in Annexure A.
17 GN 387 GG 4350 of 23 July 2020 - see link in Annexure A.
18 Clinical management of suspected or confirmed COVID-19 disease - see the link in Annexure A.
19 A surgical mask is Class A medical device (3-ply mask) categorised by the South African Health Products Regulatory Authority. Surgical masks must be fluid-resistant, disposable, and loose-fitting devices covering the mouth, nose and chin that create a physical barrier between the mouth and nose of the wearer and the immediate environment. The surgical mask must protect the wearer's nose and mouth from contact with droplets, splashes and sprays that may contain germs and filter out large particles in the air. Surgical masks may also protect others by reducing exposure to the saliva and respiratory secretions of the mask wearer.
20 The Guidelines for symptom monitoring and management of workers for CoV-2 infection and the Guideline: Clinical management of suspected or confirmed COVID-19 disease-see the links in Annexure A.
Statistics Act, 1999
