Opening

President Cyril Ramaphosa: Measures to

combat Coronavirus COVID-19 pandemic

❖Declaring a National Disaster due to COVID 19 by the Honourable President C Ramaphosa.

❖The world is facing a medical emergency far graver than what we have experienced in over a century.

❖The World Health Organisation has declared the coronavirus outbreak as a global pandemic.

❖There are now more than 162 000 (at 15 March 2020) people who have tested positive for the corona

virus across the globe.

❖Given the scale and the speed at which the virus is spreading, it is now clear that no country is immune

from the disease or will be spared its severe impact.

❖Never before in the history of our democracy has our country been confronted with such a severe

situation.

❖From the start of the outbreak in China earlier this year, the South African government has put in place

measures to screen visitors entering the country, to contain its spread and to treat those infected

Discussion points

•Train your staff immediately of the COVID19;

•Train your staff of your Clients’ new policies in order to accommodate COVID19;

•Advise your staff of cleaning material to clean their hands;

•Stop using old system where we exchange pens’, books etc;

•Supply or advise staff where to get an alcohol based hand, device, board, table, computer, computer keyboards etc.

•Conduct inductions and allow employees’ to sign for the induction as per COVID19 precautionary measures.

•The above and the pandemic of COVID19 must be clear to your staff in order to inform them, if they do not adhere to your, or

any of your clients COVID19 policies it will be a dismissible offence due to International as well as national pandemic.

•You need to have proof that you have trained/introduced/induction took place, failure to the latter, you will have no supporting

evidence to substantiate your defence in unfair dismissal cases:

•There must be a rule;

•Every staff member must be aware of the rule; and

•Refer to Schedule 8 of the Labour Relation Act sub section 7.

▪When someone who has COVID-19 coughs or exhales they release droplets of infected fluid. Most of

these droplets fall on nearby surfaces and objects - such as desks, tables or telephones.

▪People could catch COVID-19 by touching contaminated surfaces or objects - and then touching their

eyes, nose or mouth.

▪If they are standing within one meter of a person with COVID-19 they can catch it by breathing in droplets

coughed out or exhaled by them. In other words, COVID-19 spreads in a similar way to flu.

▪Most persons infected with COVID-19 experience mild symptoms and recover. However, some go on to

experience more serious illness and may require hospital care.

▪Risk of serious illness rises with age: people over 40 seem to be more vulnerable than those under 40.

▪People with weakened immune systems and people with conditions such as diabetes, heart and lung

disease are also more vulnerable to serious illness.

How COVID-19 spreads

Contracting the COVID 19 virus at

home versus at work

•Sick leave;

•COID claims;

•UIF claims; and

•Retrenchments // incapacity.

•Government is working on a number of labour interventions to curb the impact of the corona virus pandemic on South

African workers.

•This will include consultations with social partners to develop a social compact to extend paid sick leave for workers not

currently covered by sick leave provisions to a maximum of three weeks, it said.

•All workers who contract the Covid-19 corona virus at their places of employment will also be supported through the

Workmen’s Compensation Fund and Unemployment Insurance Fund (UIF) for sick benefits.

•“In an event that an employee is required to be quarantined for longer than 14 days, such leave will be recognised as a

special leave and that employee will be eligible to apply for unemployment insurance benefits.

•“Government plans to extend UIF for up to three months for registered workers who are laid off or quarantined as a result of

Covid-19.”

▪The Department of Employment and Labour has developed Covid-19 guidelines for South African

businesses.

▪Employers and workers should use this planning guidance to help identify risk levels in workplace

settings and to determine any appropriate control measures to implement, it said in a statement on

Tuesday (17 March).

▪“Additional guidance may be needed as Covid-19 outbreak conditions change,” it said. “In the event that

new information about the virus, its transmission, and impact, becomes available you may have to modify

your plans accordingly.”

▪The department said that the guideline focuses on the following areas – engineering controls,

administrative controls, safe work practices and personal protective equipment (PPE).

Engineering controls

These include:

•Isolating employees from work-related hazards,

•Installing high-efficiency air filters,

•Increasing ventilation rates in the work environment and installing physical barriers such as face shields

to provide ventilation.

Administrative controls

These controls require action by the employee and employer, including:

•Encouraging sick workers to stay at home;

•Minimising contact among workers, clients and customers by replacing face-to-face meetings with virtual

communications e.g. conference calls, Skype, etc.;

•Minimising the number of workers on-site at any given time e.g. rotation or shift work;

•Discontinuing nonessential local and international travel;

•Regularly check travel advice from the Department of Health at: www.health.gov.za; WHO website;

•Developing emergency communications plans, including a task team for answering workers’ concerns and

internet-based communications;

•If feasible, providing workers with up-to-date education and training on Covid-19 risk factors and protective

behaviours (e.g. cough etiquette and care of PPE);

•Training workers who need to use protective clothing and equipment on how to put it on, use/wear it and

take it off correctly, including in the context of their current and potential duties.

Safe Work Practices

These include:

•Procedures for safe and proper work used to reduce the duration, frequency, or intensity of exposure

to a hazard.

•Provide resources and a work environment that promotes personal hygiene.

•For example, no-touch refuse bins, hand soap, alcohol-based hand rubs containing at least 70%

alcohol, disinfectants, and disposable towels for workers to clean their hands and their work surfaces,

regular hand washing or using of alcohol-based hand rubs, and display handwashing signs in

restrooms.

Personal Protective Equipment

(PPE)

▪While engineering and administrative controls are considered more effective in minimising exposure to

SARS-CoV-2, PPE may also be needed to prevent certain exposures, the department said.

▪Examples of PPE include: gloves, goggles, face shields, face masks, gowns, aprons, coats, overalls, hair

and shoe covers and respiratory protection, when appropriate.

▪Employers should check the NICD website regularly for updates about recommended PPE.

Follow existing guidelines

•The Department of Labour also appealed to employers to use the prescriptions of the Occupational Health

and Safety (OHS) in governing workplaces in relation to the growing corona virus pandemic. The OHS

read with the Hazardous Biological Agents Regulations requires the employer to provide and maintain as

far as is reasonably practicable a working environment that is safe and without risks to the health of

employees, the department said.

•Section 8(2)(b) requires steps such as may be reasonably practicable to eliminate or mitigate any hazard

or potential hazard before resorting to personal protective equipment (PPE). However, in the case of Covid-

19 a combination of controls is required, although the main principle is to follow the hierarchy of controls.

However, before the implementation of control measures, current risk assessments need to be reviewed

and updated, taking into account the new hazards posed by exposure to Covid-19 in the workplace. This is

in accordance with Section 8 (2) (d) of the OHS Act.

•The department further appealed to employers to prepare themselves and their workers as far in advance

as possible of potentially worsening outbreak conditions. It advises employers to ‘go back to basics’ by

conducting hazard identification and risk assessment to determine the level of risk exposure and

communicate to all workers.

•“Employers and workers should use this planning guidance to help identify risk levels in workplace

settings and to determine any appropriate control measures to implement.

•“Additional guidance may be needed as Covid-19 outbreak conditions change. In the event that new

information about the virus, its transmission, and impact, becomes available you may have to modify your

plans accordingly.”

JOHANNESBURG

▪The National Institute for Communicable Diseases (NICD) has added two additional hotline numbers to

upscale its response to the coronavirus (COVID-19) as the number of confirmed cases in South Africa

rose to 116 on Wednesday.

▪The NICD said the additional 24-hour telephone line would assist the public and health workers with

various inquires related to the global pandemic. The institute said it received more than 3,000 calls to

date.

▪As a response to deal with the high volumes, the NICD established an additional national hotline where

the public could access necessary information while another line would be for doctors only.

▪The NICD urged members of the public to stop prank calling the COVID-19 number.

▪The clinician hotline is 0800 11 1131 and the public hotline is 0800 029 999.

▪Think Day Clinic Before Hospital

▪Emergencies are never scheduled. In fact, they often come at the most inconvenient of times. Once

you have a health situation, whether minor or major, which requires medical attention, most of the

times we find patients rush off to the nearest hospital’s Emergency Centre (EC). But did you know,

not all are urgencies or emergencies?

▪The ECs are the entry points into the public hospitals and therefore face the brunt of the pressure,

when dealing with motor vehicle accidents and other trauma-related incidents. They are built to

perform their core function, which is to render quick and efficient emergency medical care, and are

staffed accordingly. When less-than-urgent cases flood the ECs, it causes a reduction in efficiency of

both the emergency service and the routine medical care provided.

▪Simply because the facility is not built to deal optimally with non-emergency cases. Clients with non-

urgent and non-life threatening injuries or illnesses can visit their local Primary Health Care (PHC)

facility such as a 24 hour Community Health Centre (CHC) or clinic where they can be assisted much

quicker, making more efficient use of the system.

▪It is with this in mind the Western Cape Government Health is currently piloting an awareness and

educational campaign within the Northern Tygerberg sub-district – to alleviate the unnecessary

pressure placed on Karl Bremer Hospital – the only district hospital in the sub-district. The

campaign’s elements include wall murals at Karl Bremer’s EC, service booklets of the EC and PHC

facilities, newspaper

inserts, interior taxi awareness, social media and radio. Collectively, these elements will aim to:

clinic

▪Promote the efficacy of the PHC facilities and what services they offer

▪Create awareness of the triage system and what conditions are deemed as serious and which are

non-life-threatening

▪Direct patients with minor ailments to their nearest clinic

The current pressures at Western Cape health facilities across the service platform, not only at hospitals

and emergency centres, are real.

One potential reason for clients not attending the PHC facilities could be the perception that using an EC

facility results in faster turn-around-time for clients, when often the opposite is the case. While Western

Cape Government Health ECs will not refuse medical care to anyone, it is important that the public be well

informed in terms of efficient use of resources to ensure maximum efficiency. Think Clinic

Clients in the Northern Tygerberg area can find out the details of their nearest health facility most

appropriate for their needs.

The department has embarked on numerous initiatives to address this matter including the

following:

✓upgrading the infrastructure and medical equipment of emergency centres

✓a patient flow collaborative that has engaged with teams of staff working at Hospitals to address patient

flow.

The pilot in Northern Tygerberg will be monitored over the next 3 months and evaluated in June.

We are confident it will bring about a reduction in the number of patients with minor conditions visiting the

EC and could be rolled out to other ECs across the province

IMPORTANT NOTICE:ALL answers are always subject to the specific facts of each matter and we recommend that you contact a Seasoned Labour Law Practitioner or seasoned Professional Human Resource Practitioner always subject to the specific facts of each matter and we recommend that you contact an employment law expert for advice applicable to your facts.This pandemic’s issues are developing and we are still to receive further detail on government's considerations in this respect and when this will become effective. An employment law expert for advice applicable to your facts.

CORONA VIRUS SOUTH AFRICAHow do we measure up? The impact of the economic recession and COVID-19 on the performance of the CCMA and UIF On Wednesday 4 March 2020, the Parliamentary Portfolio Committee on Employment and Labour was briefed by the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Unemployment Insurance Fund (UIF) on their respective second quarterly performances 2019/20. The discussions raised the negative impact on performance of the economic recession and in turn budget constraints, as well as the challenges posed by COVID-19 (Coronavirus).The pressure on UIF was noted following the 2017 amendments to the UIF Act, which was aimed at improving benefits to contributors. It was reported that the increase in benefits payments estimates resulted in a 146% overspend. It was further noted that the recession results in employment in the form of seasonal and contract work as opposed to permanent employment (particularly in the agricultural and construction sectors), which increases unemployment. This, in turn, increases UIF claims. The increasing claims reflect a worrying lack of skills amongst the youth. Important questions were raised by the Committee as to whether UIF was ready and had sufficientfinances to deal with the anticipated spike in claims given the possible increase in the retrenchment of civil servants following the Budget Speech and in addition, as a result of the Coronavirus. The Committee noted the Department’s launch on 6 March 2020, of the National Minimum Wage Hotline. The Hotline enables employees to report cases of non-compliance with the national minimum wage without incurring any cost themselves. No data, airtime or smartphone is necessary to make a complaint. The Hotline is one of the mechanisms put in place by theDepartment to enforce compliance and accountability of employers. This is in line with its commitment to offer protection to vulnerable, isolated employees and create accessible channels. The Hotline will drive enforcement by tracking troublesome sectors. Inspectors will be deployed to investigate complaints within 14 days of a complaint having been lodged. The Director of the CCMA noted that the CCMA is confronted by challenging questions relating to domestic work and the national minimum wage. It is anticipated that the national minimum wage and questions of affordability will result in an unfortunate increase in the retrenchment of domestic workers.

Employees – Go Home! “No Work No Pay”? The UnintendedConsequences of COVID-19“COVID-19 - helping people realise that some meetings can be emails.” These are the words which have appeared in one of the popular memes being circulated in response to the spread of the COVID-19 (Coronavirus). Although in jest, they reflect the truth that COVID-19 has served as a disruptor in the labour context by presenting employers with entirely novel legal challenges and forcing them to adapt their labour practices to remain commercially viable. Our labour legislation has developed to cater for labour disputes and industrial action in a world free from pandemics. However, COVID-19 has created entirely new and unforeseen legal issues which our labour statutes are arguably ill-equipped to address. The consequences of the spread of COVID-19 cannot be ignored and the onus falls on employers and legal practitioners alike to consider what legal issues will arise and how our labour law can adapt to address these.The President in his address on 15 March 2020, noted the significant and lasting impact that COVID-19 will have on our economy –referring to the dramatic decline in economic activity in our major trading partners, a sudden drop in international tourism and severeinstability across all global markets as proof thereof. President Ramaphosa provided that the anticipated effects of the decline in exports and tourist arrivals will be exacerbated by both an increase in infections and the measures we are required to take to contain the spread of the disease. President Ramaphosa further noted the severe impact COVID-19will have on production, the viability of businesses, job retention and job creation. In light of these impending and devastating consequences, the President announced that Cabinet was in the process of finalizing a comprehensive package of interventions to mitigate the expected impact of COVID-19 on our economy. This package, which will consist of various fiscal and other measures, will be concluded following consultation with business, labour and other relevant institutions.

Short-time or Temporary Layoffs:Employers may want to consider short-time or temporary layoffs as a means of balancing their obligations to their employees with the need to maintain a commercially viable business.

Coronavirus and the workplace: What to do?On 5 March 2020, South African Minister of Health, Dr Zweli Mkhize, confirmed the first incident of COVID-19, commonly known as the Corona virus in South Africa. This is likely to create a panic in workplaces across the country because of the way in which the virus spreads.Corona virus spreads through:∞ coughing or sneezing;∞ close personal contact; and∞ touching an object or surface on which the virus is found. The advent of the virus will most likely result in employees wanting to work remotely and take extended leave because of the virus. The Basic Conditions of Employment Act 75 of 1997 has a closed list of recognised forms ofleave – sick leave, family responsibility leave, adoption leave, annual leave and paternity leave –with the exception of annual leave, none of these forms of leave accommodate employees who donot wish to report for fear of contracting a virus. Sick leave should only apply to employees who are showing symptoms of the virus (i.e. actually sick) as opposed to those who fear contracting the virus. If the virus escalates, employers across the country may be required to considerflexible working arrangements such as – allowing employees to work remotely instead of reporting to the office, and even limiting traveling for employees. The option of remote working will be subject to operational requirements of that particular employer. Also, the option of remote working is only open to a small percentage of South African employees – retailing, banking and fast-moving company goods companies cannot afford to extend the same arrangement. In those instances, the employers should consider the following questions:Employers must be proactive and take charge and encourage calm.

IMMIGRATIONCoronavirus – temporary concession for Chinese Nationals currently in South AfricaSince the outbreak of the COVID-19 virus in late 2019 (coronavirus), nearly 80,000 people have been diagnosed with the illness and more than 2,600 people have died at the time of penning this article – it’s no wonder theworld is sitting up to take note of these developments.The world’s authorities have learned that swift action is needed in order to prevent the widespread distribution of the illness across international borders. Some countries and airlines haveembargoed flights to and from China and have even gone so far as to deny Chinese Nationals who from the Wuhan district (situated in Hubei), entry into state territory.South Africa has also taken precautionary measures and introduced a temporary visa concession for Chinese nationals currently holding visitors visas and temporary residence visas, in light of thecorona virus outbreak.It has been communicated that until further notice, Chinese Nationals whose visitor’s visas have already reached the maximum validity period, will be allowed to apply for a new visitor’s visaon the same visa conditions for a further three-month period. Chinese Nationals who hold intra-company transfer visas, which visas are due to expire on or before 31 July 2020, will be permitted to apply for three-month visitor’s visas (with authorisation to work) in terms of section 11(2) of the Immigration Act.

The Coronavirus and the workplace: #coughcoughsneeze?In light of the Coronavirus (COVID-19) pandemic, it has become increasingly important for employers to develop strategies and procedures and to reconsider their workplace policies so as to better protect both employees andclients. The varying sources and confusing statistics have made it more incumbent on employers to adopt a radical approach to dealing with the virus.Managing the risks associated with contracting the virus has not only affected the way employees engage with each other, but has also affected the ways in which employees engage with their clients, especially in a corporate setting.The Occupational Health and Safety Act 85 of 1993 places several obligations on both employers and employees to ensure a safe and healthy working environment. Despite the absence of reported internaltransmissions, precautionary measures still need to be put in place especially in the workplace where employees are susceptible to contracting to virus due to close contact with other employees and clients.Preparing the workplace for COVID-19 Firstly, follow the advice from authorities in your community.1. How Covid-19 spreads –COVID-19 spreads in a similar way to the flu. One can catch COVID-19 by the following:1.1. Touching contaminated surfaces or objects, and then touch your eyes, nose or mouth;1.2. By standing within one meter of an infected person – you stand a chance of breathing in dropletscoughed out or exhaled by them.2. Ways of preventing the spread of Covid-19 in the officeenvironment: 2.1. Wipe down surfaces (desks; counters) and objects (telephones; keyboards; stationary) regularly with disinfectant regularly; …….

Important developments impacting occupational health and safetyin the wake of COVID-19On 15 March 2020, the COVID-19 pandemic was declared a national disaster given its magnitude and severity.The impact is being felt in South Africa, but swift measures are being taken to co-ordinate and manage thishealth hazard.

In this past week, the National Disaster Act Regulations were published andrelief provided for small and distressed employers in terms of the UIF Fund,for example, a reprieve where such employers could apply to be exemptedfrom making contributions to the Fund. It also provides benefits for employeeswho are required to self-isolate for a 14-day period.On 20 March 2020, two further important steps were taken by the Minister ofEmployment and Labour, namely: 1. an appeal to employers to take guidance from the HazardousBiological Agents Regulations in terms of the Occupational Health andSafety Act, 85 of 1993 (the OHS Act);and2. a Notice issued by the Compensation Commissioner in terms of theCompensation for Occupational Injuries and Diseases Act, 130of 1993, as amended (COIDA), making COVID-19 a compensableoccupational disease if contracted by an employee arising out of and inthe course of his or her employment (occupationally acquired COVID-19).

COVID-19 and pregnancy in the workplaceA pregnant woman is for all intents and purposes, the agent and carer of her unborn child. The pertinent question is to what extent employers should take this into consideration when providing a safe and secure work environmentfor its employees? In light of the COVID-19 pandemic, should employers be doing more to protect and safeguard pregnant employees (and the unborn children) at this time?In terms of the common law, an employer has a duty to provide a safe working environment for its employees. This is further qualified by the legal obligationof an employer to maintain a working environment that is safe and healthy,as determined by the Occupational Health and Safety Act 85 of 1995 (OHSAct). Similarly, the Basic Conditions of Employment Act, 75 of 1997 (BCEA)expressly provides for the protection of employees before and after the birth ofa child, in that no employer may require or permit a pregnant employee (or anemployee who is nursing her child) to perform work that is hazardous to herhealth or the health of her child.

Charles Kinnear Employment & Labour Law Practitioners, Litigations (Labour & Civil)Training, and Development.

Mobile: 074 659 8614Fax no: 086 537 8007E-mail: charleskinnear@abcorlawinc.co.za

“Oh what a tangled web we weave when first we practice to deceive.”Sir Walter Scott’s words, borrowed for this analysis, are as true today as when he first wrote them about 200 years ago.Integrity is doing the right thing, even when no one is watching.

Minister Ebrahim Patel announces essential service application portal for Coronavirus COVID-19 lockdown

25 Mar 2020Minister Patel announces essential service application portal

The Minister of Trade and Industry, Mr Ebrahim Patel has announced that all businesses that will be allowed to provide essentialservices are required to seek approval from the Department of Trade, Industry and Competition (the dtic) in order for them to trade during the period of the lockdown in terms of the regulations published today by the Minister of Cooperative Governanceand Traditional Affairs, Ms Nkosazana Dlamini-Zuma in Regulation Gazette No. 11062

Such businesses are required to apply to the Companies and Intellectual Property Commission (CIPC) Bizportal website at www.bizportal.gov.za and obtain a certificate from the Commission that allows them to continue trading. The Bizportal website will contain a menu icon listed as “Essential Service Businesses” through which an application can be made to the CIPC.

The application will be a simple declaration requiring minimal registration details, type of business/trade involved in, what trading name if any is used an d whether it meets the requirements contained in the essential services list, the contact details of the person applying as well as the number of employees that will be working during the lockdown period.

The CIPC registry will then pre-populate the remaining company information and email a certificate stating that the business is allowed to remain trading.

The certificate can then be used as evidence to authorities requiring same that indeed the business has been given governmentpermission to trade and that its employees are able to have unrestricted movement ONLY in the course of that trade.

It should be stressed and noted that if you make a false application to the CIPC, and are indeed not an essential service as per the government regulations, such will be taken as a fraudulent application and will render yourself as applicant liable to criminal prosecution and sanction.

This service will be available tomorrow morning 26 March 2020 at the start of business trading hours.

Enquiries:Sidwell Medupe-Departmental SpokespersonTel: (012) 394 1650Mobile: 079 492 1774E-mail: MSMedupe@thedti.gov.za