Employment Revival Guide – Alert Level 4 Regulations

Employment Revival Guide – Alert Level 4 Regulations

• 01 May 2020
• Corporate Tax
• Cliffe Dekker Hofmeyr

Important:

This article is based on the Level 4 of lockdown Regulations as a result of Covid-19.

Alert Level 4 of the lockdown is geared toward the revival of economic activities and to allow employees involved in permitted services to resume work under certain conditions. The focus on the workplace is clear from the 29 April 2020 Regulations as they specifically exclude the workplace in the definition of gathering and allow persons who were not at their place of work before the lockdown to return. This revival guide is aimed at assisting employers in the resumption of operations in accordance with the Alert Level 4.

1. Employers’ duties 

• Develop a plan for a phased in return to work prior to reopening the workplace for business. The workplace plan must correspond with Annexure E of the Regulations and must be retained for inspection.
• The information contained in the workplace plan must include but not limited to the details of the employees permitted to return; how the employer intends to phase in the return to work, the details of the COVID-19 (Coronavirus) Compliance Officer and the health and hygiene protocols.
• Phase in the return of employees from other provinces, metropolitan and district areas.
• Provide employees who may come into direct contact with members of the public as part of their employment duties with protective equipment.
• Provide hand sanitisers at entrance and exit points for employees to use.

2. COVID-19 Compliance Officer

The employer must designate an employee in writing, as a Compliance Officer whose duties are to ensure that:

• The COVID-19 prevention measures are complied with.
• The COVID-19 health and hygiene protocols are complied with.
• The workplace plan is complied with.
• The name of the Compliance Officer must be displayed in a visible area or be communicated to employees.
• The requirement for the appointment of the COVID-19 Compliance Officer applies to all industries, business, entities, both in the private and public sectors.

3. Social and physical distancing

• The employer must determine the workplace area in square metres to maintain social distancing of one and half metres between customers, clients and/or employees.
• Social distancing includes enabling employees to work from home or minimising the need for employees to be physically present in the workplace.
• Restrict face to face meetings.
• Take special measures for employees with known or disclosed health issues or conditions which may place such employee at higher risk of complication or death if they are infected with COVID-19.
• Take special measures for persons above the age of 60 who are at risk of complications or death if they are infected with COVID-19.
• Ensure that employees in courier or delivery service have minimal personal contact during delivery.

4. Essential and permitted Services

• Alert level 5 lockdown only allowed persons and businesses performing essential services to operate subject to certain health and safety conditions. Essential services is defined in the Labour Relations Act (LRA) as those services that, if interrupted would endanger the life, personal safety or health of the whole or any part of the population.
• Essential services contained in Annexure D of the Regulations include but are not limited to medical, health, emergency, banking, social grant provision, electricity, water and fuel production, payroll systems, and mining.
• Permitted services were introduced in the Alert Level 4 as part of the gradual reopening and revival of the economy and business operations. Although permitted services are not defined in the Regulations, permitted services as contained in Table 1 of the Regulations include but are not limited to services in agriculture, certain manufacturing services,  construction, wholesale and retail trade, transport and communication services and financial and business services.
• Persons performing essential or permitted services must be duly designated in writing by the head of an institution, on a form that corresponds with Form 2 in Annexure A of the Regulations. A head of an institution includes an accounting officer of a public institution, CEO or equivalent in a private institution.
• The 20h00 to 05h00 curfew does not apply to persons performing essential and permitted services. They are also allowed to move between provinces, metropolitans and districts for purposes of commuting to and from work.
• Persons who are issued with the permit and designated to perform essential or permitted services are required to be in possession of the permit and form of identification at all times during the lockdown. Where such person does not present any form of identification, he or she will be required to return to his or her place of residence.

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This article first appeared on cliffedekkerhofmeyr.com.

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