Occupational Health and Safety during a Pandemic

The Covid-19 pandemic has forced businesses to reassess health and safety in the workplace. Following the lockdown period, it is crucial businesses comply with the terms of the Occupational Health and Safety Act 85 of 1993 (OHSA). The Act seeks to regulate health, safety, and wellness issues within a workplace. It places several duties on both employees and employers, requiring a conscious effort from all levels of the workforce to ensure health and safety.

Employer duties

An employer is required to create and maintain a working environment that is safe and without risk to the health of its employees. They have a duty to take the appropriate measures to ensure the health and safety of its employees, and other people who may be directly affected by their activities and operations. This duty is restricted only by what is reasonable in the circumstances. In the current situation, this may include conducting a risk assessment in relation to the virus and implementing the measures necessary to combat those risks. The act imposes obligations on the employer including:  

• Providing and maintaining systems of work that are safe and without risk to health
• Taking steps to eliminate or mitigate any hazard or potential hazard, before resorting to personal protective equipment
• Planning to ensure the absence of risk to health in the production, processing, use and transport of articles or substance.
• Establishing the precautionary measures to be taken with respect to such work in order to protect the health and safety of such persons.
• Providing the necessary means to apply such measures.

The Minister can declare by notice in the government gazette, that certain work is ‘listed work’. Every employer, whose employees undertake listed work must, after consultation with the health and safety committee established for that workplace do the following:

• Identify the hazards involved.
• Evaluate the risks associated.
• Identify and evaluate the steps that need to be taken in order to comply with the Act,
• Prevent, or at least minimise, the exposure of employees to the hazards.
• If applicable, carry out occupational hygiene programme and biological monitoring, and
• Subject such employees to medical surveillance.

Employees Duties

For these measures to be successful, employees will have to commit to their implementation. The Act places several duties on employees. These include:

• Taking reasonable care for the health and safety of themselves and of other people who may be affected.
• To cooperate with any duty or requirement imposed by the Act on the employer.
• To carry out any lawful order given to them in the interest of health and safety.
• To obey the health and safety rules and procedures laid down by his employer.
• To report any situation which is unsafe to his employer or his safety representative.
• To report any incident which may affect their health or the health of their colleagues.

Life After Lockdown

In the recent weeks it has become apparent that life will not return to normal immediately following the lockdown period. If businesses are to re-open their doors they will have to do so with precautions in place.

The following measures have been suggested in order to stem the spread of the virus:

• Taking staff temperatures: these checks would be compulsory for every person that enters the business premise.
• Keeping visitor logs: these logs will make it easier to trace those who have been in contact with the virus, should it become necessary.
• Keeping a 1.5 metre distance between each workstation.
• A clear plan for what to do if someone shows symptoms.
• Sanitising of shared hardware: equipment in common use will be sanitised between uses.
• Education: Alerting the workforce on the risks of the virus, and the methods of transmission.
• Masks: requiring staff to wear masks.

Failure to Comply

Failure to comply with the Act can lead to fines, and in certain cases even imprisonment. Where non-compliance leads to injury, or fatality, the employer may be held accountable.

• It is a crime for an employer not to take all measures necessary to ensure that the requirements of the Act have been complied with.
• An employer does not have to look after only his employees, but anyone directly affected by his activities. It is an offence for the employer not to ensure that his undertaking is conducted in such a way that people are not exposed to hazards to their health and safety.
• It is forbidden to victimise an employee because he has given information to the Minister about the terms, conditions, or circumstances of his employment.
• No employer may deduct anything from an employee’s remuneration in respect of something which the employer is required to provide or do in terms of the Act.

Conclusion

The Covid-19 virus has forced employers to develop precautionary measures in the workplace to satisfy the requirements of the Occupational Health and Safety Act. Once the lockdown ends, employers will be required to take proactive steps to ensure the safety of employees, and the public at large. Both employers and employees will have to adhere to strict safety measures to prevent further closure, and it will not be business as usual until the threat of mass infection ceases.

For assistance with health and safety laws, or advice on the employment issues arising from the Covid-19 pandemic, kindly contact Workplace Strategies at info@workplacestrategies.co.za.