COVID-19: Lockdown Level 4: OHS Guidelines: Final regulations still pending

COVID-19

LEVEL 4 LOCKDOWN REGULATIONS STILL PENDING

Dear fellow employer

Government is still in the process of finalising the regulations that will be applicable during the Level 4 lockdown.

These regulations will determine which additional industries may start operating, as of 1 May, and under which conditions.

It is expected that the final regulations will only be gazetted tomorrow or even on Thursday. This leaves very little time for employers, who may start operations on 1 May, to prepare the workplace for returning employees, or to determine if it will be feasible to start operations at all, in view of the restrictions that may be imposed.

The draft Level 4 regulations have already elicited some questions as to the interpretation and feasibility thereof as listed below:

• what if it is not possible for an establishment to open/operate at 20% capacity?
• what is the purpose of opening if the whole value chain is not operating?
• what is the process if an establishment has to be closed due to a COVID-19 infection?
• what is the status of employees who are not able to return to work due to limitations on operations?
• how should vulnerable employees, who cannot be accommodated, be dealt with?
• what is the criteria to determine which employees can return to work, if only a part of the workforce is allowed to return?
• what are the travel permits and proof of employment that employees will be required to carry?

These questions will, hopefully, be clarified when the final regulations are published.

What is clear, is that there will be extensive occupational health and safety requirements imposed on employers who are operating. These requirements are set to be gazetted in the course of the week and we will inform members as soon as they become available.

We will keep members abreast of developments as they unfold.

NEASA 24/7 NATIONAL HOTLINE: 086 016 3272
legalhotline@neasa.co.za

Regards

We are all in this together.
Privileged and challenged to be South African.