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

Notices

Purchase

17.	As and when any regulations made in terms of section 27(2) of the Disaster Management Act permit industries, businesses, entities both private and in the public sector to commence operating, every employer commencing operations must—

17.1	undertake a risk assessment in terms of clause 20.1 to 20.3;

17.2	on the basis of that risk assessment, develop a plan outlining the protective measures in place for the phased return of its employees before opening;

17.3	consult on the risk assessment and plan with—

17.3.1

any representative trade union as contemplated by section 14(1) of the Labour Relations Act, 1995 (Act No. 66 of 1995); and

17.3.2

any health and safety committee established in terms of section 19 of OHSA; or

17.3.3

in the absence of such a committee, a health and safety representative designated in terms of section 17(1) of OHSA or employee representative; and

17.4	make that plan available for inspection by an inspector and a person contemplated in clause 17.3.

18.	The plan referred to in clause 17 must include—

18.1	the date that the workplace will open and the hours of opening;

18.2	a list of employees permitted to return to work and those who are required to work from home;

18.3	the plan and timetable for the phased-in return of employees to the workplace;

18.4	identify vulnerable employees for the purposes of clause 20.3;

18.5	ways of minimizing the number of workers at the workplace at any one time contemplated in clause 20.8;

18.6	the workplace protective measures required to be taken in terms of this Direction and any sectoral guideline to get the workplace COVID-19 ready;

18.7	the measures for the daily screening of employees and the screening of clients, contractors and visitors to the workplace; and

18.8	the details of the COVID-19 compliance officer appointed in terms of clause 20.6 of this Direction.

19.	The employer contemplated in clause 17 must phase the return of their employees to work in accordance with the plan.