Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesConsolidated Directions on Occupational Health and Safety measures in certain workplaces3. Risk assessment and plans for protective measures |
| (1) | Every employer must— |
| (a) | undertake a risk assessment to give effect to the minimum measures required by these Directions, taking into account the specific circumstances of the workplace and the requirements of the OHSA Regulations for Hazardous Biological Agents; |
| (b) | 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; |
| (c) | consult on the risk assessment and plan with— |
| (i) | any representative trade union, as contemplated by section 14(1) of the Labour Relations Act, 1995 (Act No. 66 of 1995); and |
| (ii) | any health and safety committee established in terms of section 19 of the OHSA or, in the absence of such a committee, a health and safety representative designated in terms of section 17(1) of the OHSA or employee representative; and |
| (d) | make that plan available for inspection by an inspector and a person contemplated in subdirection (c). |
| (2) | The plan referred to in subdirection (1)(b) must include— |
| (a) | the date that the workplace will open and the hours of opening; |
| (b) | a list of employees permitted to return to work and those who are required to work from home; |
| (c) | the plan and timetable for the phased-in return of employees to the workplace; |
| (d) | identify the vulnerable employees for the purposes of direction 4(b); |
| (e) | ways of minimising the number of workers at the workplace at any one time as contemplated in direction 4(h); |
| (f) | the workplace protective measures required to be taken in terms of these Directions and any sectoral guideline to get the workplace COVID-19 ready; |
| (g) | the measures for the daily screening of employees and the screening of clients, contractors and visitors to the workplace; and |
| (h) | the details of the COVID-19 compliance officer appointed in terms of direction 4(f); and |
| (i) | a procedure to resolve any issue that may arise from the exercise by an employee of the right to refuse to work in the circumstances contemplated in direction 14(1). |
| (3) | The employer must phase the return of their employees to work in accordance with the plan. |