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Investigation and Management of COVID-19 Cases in the Workplace

 

 

Interactive Online Course

 

 

30 September 2020 and 01 October 2020 (09:00 - 13:00) Interactive Online Course

 

 

Online Booking Form

 

 

Click here to download registration forms for 30 September 2020 and 01 October 2020 (09:00 - 13:00) Interactive Online Course

 

 

Purpose of the Course

COVID-19 as pandemic is an emerging, rapidly evolving situation which presents a unique challenge to employers and business.

 

The high infection rate of workers, and persons that reside with workers, leads to time loss due to compulsory isolation, quarantine, absenteeism and possible closure of the workplace for decontamination purposes. These circumstances ultimately impact negatively on businesses and the economy of South Africa.

 

The effective investigation and management of COVID-19 cases at work by employers, will not only ensure legal compliance, but will also significantly contribute to business continuity.

 

Module 1: Background and general information relating to COVID-19

  • COVID-19 as an emerging, rapidly evolving situation

  • COVID-19 Background; spreading of the virus; lifespan on surfaces

 

Module 2: COVID-19 legislative aspects

  • Statues, notices and guidelines governing workplaces in relation to COVID-19 (DEL, DOH, CF)

  • South Africa’s risk adjusted strategy for economic activity related prescriptions

  • Enforcement authorities (powers and rights of inspectors/ different types of notices)

  • Important definitions and terminology

 

Module 3: Symptom monitoring and management for COVID-19/ screening requirements

  • Signs and symptoms/ prescribed time frames for COVID-19

  • Symptom screening requirements

 

Module 4: Steps to be taken when a person presents COVID-19 symptoms (Persons Under Investigation)

  • Managing symptomatic persons that report or presents symptoms during screening

  • Managing symptomatic persons at work

  • Practical considerations for workplace isolation/ isolation facility requirements

  • Management of Persons Under Investigation/ transportation requirements

  • Medical examinations; testing and self-isolation requirements

 

Module 5: Assessing the risk of COVID-19 transmission

  • Assess the risk of transmission to persons and surfaces

  • Disinfecting the workplace which the positive worker was in contact with

  • Routine clean cleaning/ disinfection/ decontamination/ deep cleaning explanation of the differences and legal requirements

  • Deep cleaning/ when will deep cleaning be required/ fogging as a deep cleaning method/ certificate requirement for cleaning/role of cleaning companies

  • Approved disinfectants

  • Disinfecting of company transport vehicles

 

Module 6: Contact tracing requirements and reporting duties to authorities

  • Contact tracing/ contract identification/ contact listing requirements

  • Reporting duties for confirmed positive persons/ workers reporting duties of occupational diseases to the employer

  • Notifiable medical conditions/ reporting of occupational diseases to the authorities

  • Contact-tracing/ support requirements/ contact follow-up/ commencing of contact tracing/ initial contact with a contact of a confirmed case

  • Screening, self-isolation and quarantine requirements

  • Monitoring of close contacts of known COVID 19 cases

  • Quarantine at home guidelines for employees

  • Involvement of the National Epidemiology and Surveillance Team Members / Provincial CDC Coordinators

 

Module 7: Claim management and return to work (RTW) monitoring measures

  • Occupationally Acquired COVID-19 and Compensation Claims

  • New “Directive on Compensation for Workplace-Acquired Novel Corona Virus Disease (COVID-19)”

  • Meaning of an occupational disease/ diagnosis of Coronavirus Disease/ impairment/ benefits/ reporting

  • Correct claims processing

  • RTW requirements; measures and monitoring

 

Module 8: COVID-19 investigation requirements, identifying the underlying causes and prevention of workplace incidents

  • COVID-19 investigation requirements

  • Responsible persons to conduct the investigations/ prescribed time frames/ record keeping requirements

  • Underlying causes of workplace incidents, infection reduction and prevention

  • COVID-19 causations/ Root Causes/ importance of recording and investigation of near miss incidents

 

Module 9: COVID-19 incident investigation process (comprehensive explanation of the required steps and process)

  • Investigation purpose/ investigation steps/ staring the investigation and collecting facts in order to establis h the nature of the COVID infection/ measures to prevent the reoccurrence of the COVID-19 infection/ gathering of background information/ identify and determining the underlying causes of the incident

  • Root Causes Analysis for COVID-19/ cause analysis model for COVID-19

  • The 5-Why’s analysis/ how to analyse the facts

 

Module 10: Compiling the incident report for COVID-19 (includes a practical COVID-19 investigation template that will guide investigators through the process)

  • Compiling the incident report/ writing a report / reporting the findings/ Annexure 1 explanation

  • Practical ‘Incident Recording and Investigation Register for COVID-19 (RCA)’

 

Module 11: Calculating and interpreting illness rates for COVID-19

  • How to deter mine COVID-19 Lost Time Injuries (LTI)/ Lost Time Injury Frequency Rates (LTIFR)/ Lost Time Injury Incident Rate (LTIIR)

 

Module 12: Corrective actions, implementation, evaluating the effectiveness and making changes for continues improvement

  • Identify the corrective actions as identified by the Root Cause Analysis

  • Communication of the investigation findings and recommendations/ labour relations procedures

  • Implementation of the recommendations

  • Follow up of corrective measures

  • Make changes for continues improvement

 

Module 13: Dealing with isolation and quarantine leave requirements

  • Explanation of isolation and quarantine leave requirements

 

Module 14: COVID-19 incident flow chart

  • Practical COVID-19 incident flow chart (flow diagram)

 

The programme will be useful for managers at all levels including:

  • The CEO-Section 16(1) or Managing Director,

  • Section 16(2) appointees - Directors,

  • COVID-19 Compliance Officers,

  • Health and Safety Practitioners, Compliance Officers and Security Officers,

  • Human Recourse Managers,

  • Engineers and Maintenance

  • Managers and Supervisors,

  • Union Representatives,

  • Health and Safety Representatives and Committee Members,

  • Anyone interested or involved with COVID 19


Price:

  • R 1950 (incl. Vat) per delegate
  • Price include course material, certificates


For further information contact:

 

  • Deidre at telephone: (012) 666 8284/ 083 556 9407
  • Fax: (086) 547 2636 or (012) 661 1411
  • E Mail:

Online Booking Form

 

Click here to download registration forms for 30 September 2020 and 01 October 2020 (09:00 - 13:00) Interactive Online Course

 

 

 

 

 

 

 

The Protection of Personal Information


By Jan du Toit, Senior Consultant, SA Labour Guide

 

After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to become compliant in full.

 

The duration of a typical POPI compliance project will differ from one business to another depending on the nature and size of the business, as well as the Personal Information processed by a Responsible Party. Business owners are therefore advised to, without delay, embark on a compliance project to meet the deadline.

 

Even though the Protection of Personal Information Act is welcomed by most, it has been long overdue and will require business owners (“Responsible Parties” in terms of the Act) to process Personal Information according to 8 processing conditions as set out in the Act.

 

The purpose of the Protection of Personal Information Act is in essence found in the title of the Act; to protect the Personal Information of “Data Subjects”. It gives effect to ones right to privacy as enshrined in the Constitution but also provides balance in terms of the right to privacy weighed up against the right to access to information.

 

The Act regulates the manner in which Personal Information must be processed and provides protection and recourse to those whose rights are infringed. Further to this, the Act makes provision for the establishment of an Information Regulator. Advocate, Pansy Tlakula has already been appointed as the Information Regulator a couple of years ago and has done a great deal of work in establishing her office.

 

Before I get into more detail about the eight processing conditions, it is important to note that the Act is “definitions driven”. It is therefore of utmost importance to first highlight some of the definitions found in the Act for readers to better understand the eight processing conditions.

 

The first definition is that of “Personal Information”. Personal Information is widely defined in the Act and includes, but is not limited to, information relating to an identifiable living natural person or a juristic person (“Data Subjects”), such as:

  • Race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, believe, culture, language, birth

  • History - education, medical, financial, criminal, employment

  • Identifiers – number, symbols, e-mail address, physical address, telephone numbers, location, online ID or other assignment to a person such as a unique identifier (in example a student or patient number)

  • Biometric information – physical or psychological behavioural characterization, blood type, fingerprints, DNA analysis, retinal scanning, voice recognition

  • Personal opinion views or preferences

  • Correspondence implicitly or explicitly of a private and confidential nature

  • Views or opinions of another individual\

  • The name of the person with other information or the name alone

 

The second definition of importance is that of “processing”. The processing of Personal Information includes but is not limited to any operation/activity or any set of operations, whether automated or not, concerning Personal Information. It includes:

  • Collection / receipt / recording / organizing / collation / storage / updating / modification / retrieval / alteration of Personal Information

  • Dissemination by means of transmission distribution or making available to others.

  • Merging / linking / restricting / degradation / erasure / destruction of Personal Information.

 

A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information.

 

Throughout the entire lifecycle of Personal Information in any business, eight processing conditions must be adhered to. The eight processing conditions are summarized below:

 

Condition 1 – Accountability. The Responsible Party must always ensure that the conditions set out in Chapter 3 of the Act and all the associated measures are complied with.

 

Condition 2 – Personal Information must be collected and processed lawfully in a reasonable manner that does not infringe the privacy of a Data Subject. The Personal Information may only be processed if it is adequate, relevant, and not excessive.
Personal Information may only be processed if the Data Subject consented thereto. Alternatively, where it is necessary to do so for the conclusion or performance of a contract, an obligation in terms of law, to protect the legitimate interest of the Data Subject, or to pursue a legitimate interest of the Responsible Party.

 

A further requirement is that the Personal Information must be collected directly from the Data Subject.

 

Condition 3 requires that Personal Information must be collected for a specific explicitly defined and lawful purpose related to a function or activity of the Responsible Party. Such Personal Information may not be retained any longer than necessary for achieving the purposes for which the information was collected and/or subsequently processed.

 

Condition 4 prohibits the further processing of Personal Information unless such processing is compatible with the initial purpose of collecting the information.

 

Condition 5 requires that Responsible Parties must take reasonable, practicable steps to ensure that Personal Information is complete, accurate, and not misleading. Such Personal Information must also be kept up to date, taking into consideration the purpose of the Personal Information.

 

The nature and purpose of the Personal Information will dictate as to how often such Personal Information must be updated.

 

Condition 6 addresses some of the rights of Data Subjects, such as the right to be informed by the Responsible Party before information is collected. The purpose of collecting and from where Personal Information will be collected must be disclosed to the Data Subject.

 

A Data Subject is entitled to the details of the Responsible Party and to be made aware of the consequences of not making Personal Information available to the Responsible Party.

 

Should it be required that Personal Information be collected and processed in terms of legislation, the Data Subject must be made aware accordingly.

 

As per Section 72 of the Act, the Data Subject must be advised if Personal Information will be transferred across the borders of South Africa. Under such circumstances the Data Subject is entitled to first be made aware of legislation in other countries that provides adequate protection of the Personal Information. In the absence of legislation, whether there are any binding corporate rules in place, alternatively a written agreement that offers adequate protection for the Data Subject, concluded between the Responsible Party and he third party.

 

Condition 7 requires that Responsible Parties must secure the integrity and confidentiality of Personal Information by taking appropriate reasonable, technical and organisational measures, to prevent loss or unlawful access of Personal Information under the control of a Responsible Party.

 

In this regard the Responsible Party is required to identify all reasonable and foreseeable internal and external risks, and to establish and maintain appropriate safeguards. Compliance with such safeguards must be regularly audited and measures updated if so required.

 

Condition 8 deals with the rights of Data Subjects and participation. In terms of condition 8, Data Subjects have the right to establish whether Personal Information is held by a Responsible Party and to have it corrected or destroyed if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or have been obtained unlawfully.

 

Responsible Parties are also further required to introduce Data Subject rights and participation in their PAIA (Promotion of Access to Information Act) manuals.

 

Responsible Parties are also not permitted to send direct marketing material to Data Subjects without their written consent as per from 4 four of the regulations of the Act.

 

Other important considerations in terms of the Act are that a Responsible Party may be issued with an administrative fine of up to R10 million for its non-compliance with the Act. Additionally, Data Subjects have the right to sue Responsible Parties and under specific circumstances, the Information Officer of the Responsible Party may be imprisoned.

 

Each Responsible Party must register an Information Officer (the head of the organization or a person acting in such capacity) with the Information Regulator. The Information Officer may appoint deputies to assist with ensuring compliance within the business.

 

From the above, it is evident that a POPIA compliance project is not something that should be undertaken without a solid understanding of the Act.

 

Our subscribers, a.k.a. “Responsible Parties”, are invited to attend our online POPIA presentations to better understand the Act and to ensure compliance. In-house training can also be arranged on request.

 

The author of this article is also available to assist employers with compliance projects in the form of awareness sessions, gap analysis, policy development / implementation and staff awareness.

 

For further information pertaining to training, readers are invited to visit www.labourguide.co.za or to contact Jan du Toit at .

 

 

 

 

 

Courses and Workshops

 

                   

 

AARTO and the Impact on Your Business

07 May 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

21 May 2021 (09:00 - 12:00)

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Basic Labour Relations

13 May 2021 (09:00 - 16:00)

Interactive Online Course

POPIA: Protection of Personal Information Act

14 May 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

28 May 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

04 June 2021 (09:00 - 12:00)

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Managing Poor Performance/ Incapacity

20 May 2021 (09:00 - 12:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management

20 May 2021 (08:30 – 16:00)

Interactive Online Course

Management and Leadership Skills

26, 27 & 28 May 2021 (08:30 - 16:00)

Interactive Online Course

Managing Day to Day Issues/ Problem Employees Full day workshop

27 May 2021 (09:00 - 16:00)

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Employment Equity Committee Training

28 May 2021 (09:00 - 16:00)

Interactive Online Course

COVID-19 Workplace Compliance Health, Safety and Claims Management Course

03 & 04 June 2021 (08:30 - 13:00)

Inter active Online Course

Health and Safety Representative and Committee Training Course

10 June 2021 (08:30 - 16:00)

Interactive Online Course

 

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