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

Notices

Consolidated Directions on Occupational Health and Safety measures in certain workplaces

14. Refusal to work due to exposure to COVID-19
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(1) An employee may refuse to perform any work if circumstances arise which, with reasonable justification, appear to that employee or to a health and safety representative to pose an imminent and serious risk of their exposure to COVID-19.

 

(2) An employee who has refused to perform work in terms of subdirection (1) must, as soon as is reasonably practicable, notify the employer, either personally or through a health and safety representative, of the refusal and the reason for the refusal.

 

(3) Every employer that has been notified in terms of this paragraph must—
(a) after consultation with the compliance officer and the health and safety committee or, if there is no committee, a health and safety representative, endeavour to resolve any issue that may arise from the exercise of the right in terms of sub -direction (1);
(b)if the matter cannot be resolved internally, notify an inspector27 of the issue within 24 hours and advise the employee and all other parties involved in resolving the issue that an inspector has been notified; and
(c) comply with any prohibition issued by an inspector in terms of section 30 of the OHSA.

 

(4) Subdirection (1) applies whether or not the person refusing to work has used or exhausted any other applicable external or internal procedure.

 

(5) No person may benefit from, or promise any benefit to any person for, not exercising his or her right in terms of subdirection (1).

 

(6) No person may threaten to take any action against a person because that person has exercised or intends to exercise the right in terms of subdirection (1).

 

(7) No employee may be dismissed, disciplined, prejudiced or harassed for refusing to perform any work as contemplated in subdirection (1).

 

(8) If there is a dispute as to whether subdirection (2) has been contravened, the employee may refer the dispute to the Commission for Conciliation, Mediation and Arbitration or an accredited bargaining council for conciliation and arbitration in accordance with the procedures contained in section 191 of the Labour Relations Act, 1995 (Act No. 66 of 1995).

 

(9) If the arbitrator, appointed as contemplated in subdirection (8), finds that the employer has contravened subdirection (2), the arbitrator may make any appropriate order contemplated in section 193, read with 194(3) or (4) of the Labour Relations Act, 1995.

 

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27 Notification by contacting the relevant provincial inspectorate at the telephone numbers listed in Annexure C or at an address in http://www.labour.gov.za/Contacts/Provincial-offices