Legal Compliance Checklist

21 May 2020 11:50 am by Fundile Sangoni

COVID 19 - Legal Compliance checklist applicable to workplaces.

An executive summary checklist applicable to workplaces which are permitted to operate during Alert Level 4 in terms of the Disaster Management Regulations issued on 29 April 2020

Written by Michelle Naidoo, Proprietor of M.N Attorneys and Panellist of Aequitate Dispute Resolution Services, for LexisNexis South Africa.

[Durban, 21 May 2020]

All business which are permitted to operate during Alert Level 4 must:

  • Appoint a Compliance Officer to oversee compliance with COVID 19 in the workplace.
  • Develop and implement a COVID 19 Workplace Plan.

Regulation: Clause 5 of the General Measures Compliance Requirements entail:

  • Employer’s must provide employees with cloth face masks.
  • Work area floor space must accommodate a spacing of 1.5 sqm between persons at workplace.
  • Employer must provide hand sanitizers to all persons entering the workplace.
  • Employers must assign a Compliance Officer to monitor compliance with measures.
  • Identification and implementation of special measures for employees with conditions at higher risk of complications to COVID-19.
  • Identification and implementation of special measures for employees over 60 years who are at higher risk of complications to COVID-19.
  • Limitation on staff contact with courier/delivery services.

Advisory measure (not mandatory): To maintain a detailed register of all persons entering workplace by name, ID number, contract number, address, time in/out and reason for entry

Annexure E: Workplace plan

Employers must prepare and implement a COVID-19 Workplace Plan which must cover:

  • The date the business will open and the hours of opening,
  • A timetable setting out the phased return-to-work of employees, to enable appropriate measure to be taken to avoid and reduce the spread of the virus in the workplace,
  • The steps taken to get the workplace COVID-19 ready.
  • A list of staff who can work from home; staff who are 60 years or older; and staff with comorbidities who will be required to stay at home or work from home.
  • Arrangements for staff in the establishment:
  1. sanitary and social distancing measures and facilities at the entrance and exit to the workplace;
  2. screening facilities and systems;
  3. the attendance-record system and infrastructure;
  4. the work-area of employees;
  5. any designated area where the public is served;
  6. canteen and bathroom facilities;
  7. testing facilities (for establishments with more than 500 employees);
  8. staff rotational arrangements (for establishments where fewer than 100% of employees will be permitted to work);
  • Arrangements for customers or members of the public, including sanitation and social distancing measures.

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