Tag: Occupational Health and Safety Act (OHSA)

With many organisations now looking to adopt more flexible working hours on a permanent basis, the Work From Home (WFH) trend is here to stay. While this offers numerous benefits, there are certain considerations organisations must bear in mind.

On Friday, 11 June 2021, the Department of Employment and Labour issued an updated Occupational Health and Safety Directive which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines.

All industries are governed by the Occupational Health and Safety (OHS) Act and need to maintain certain standards for Safety, Health, Environment and Quality (SHEQ). Having the right systems in place to understand risks and how to protect people against them is essential, and training forms a core component of ensuring a safe working environment.

COVID-19 has brought another dynamic in managing the safety of employees on-site and has further complicated the process of onboarding. Clients now need to implement comprehensive back-to-work plans in order to quickly identify high-risk individuals, and those who have recently travelled in so-called ‘hotspots’.

Many employers have placed their hopes of a return to the pre-COVID-19 workplace on the development of a COVID-19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunised, no one will, at this stage, be legally required to take the vaccine.

Following the rise of a second COVID-19 wave in many countries, vaccines are in high demand. While desperate to resume pre-pandemic operations, businesses in South Africa find themselves in a tricky position. Should they enforce vaccinating workers to ensure a safe work environment, as well as operational continuity? If so, they risk a legal battle with employees who have a constitutional right to refuse the vaccination in order to have their religious customs and beliefs respected.

According to all Acts that pertain to employment, Temporary Employment Service (TES) providers are regarded as the employer of any TES worker placed within a given organisation. However, according to the Occupational Health and Safety (OHS) Act, the TES provider is not regarded as the employer, which means the responsibility of the employees’ health and safety lies with the organisation itself.

At various stages during the COVID-19 pandemic in South Africa, various studies were released on the negative impact that COVID-19 will have on the construction sector. Some studies predicted that the sector could experience a total of 140,000 job losses.

With the reopening of many more industries in South Africa’s alert level 1, companies – particularly those in the manufacturing and engineering sectors – will have to further prepare for the return of more employees to the workplace.

As COVID-19 cases continue to rise sharply in South Africa, employers will be under increased pressure to ensure that their workers are operating under conditions of safety and protection. Companies are required to ensure their strict compliance with the various Acts and COVID-19 Regulations, including the Occupational Health & Safety Act, Labour Act, Consumer Protection Act, Disaster Management Act and more.