Your Guide to Labour Law in South Africa

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

(Including the latest DEL Amended Directive - Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces – 28 May 2021)

Interactive Online Course (2 X 4½ Hour Sessions)

Course is presented over a two-day period (From 08:30 to 13:00 on both days)

23 & 24 June 2021 (08:30 - 13:00) Inter active Online Course

Online Booking Form

Click here to download registration forms for 23 & 24 June 2021 (08:30 - 13:00) Interactive Online Course

Module 1: Background and scope of guidance

Introduction, background and information

Module 2: Overview of legislation pertaining to COVID-19

South Africa’s risk adjusted strategy for economic activity related prescriptions
Legislation pertaining to COVID-19
Notices, statues and directives pertaining to COVID-19 (DEL, DOH, Compensation Fund)

Module 3: COVID-19 employer, employee and third-party obligations

Relationship between COVID and the Occupational Health and Safety Act
Employers obligations towards employees and third parties
The appointment of COVID-19 compliance officers
COVID responsibilities of employees
COVID-19 classification, monitoring exposure at workplace, medical surveillance (HBAR)

Module 4: COVID-19 workplace risk assessment and plans for protective measures

How to undertake a risk assessment and applicable sectoral guidelines.
Identification of vulnerable employees, workplace accommodation and return to work
Selecting a suitable risk assessment methodology (example provided to delegates)
Identifying and classifying employees risk exposure and applying the prescribed control measures
Practical explanation of the steps that needs to be followed during the assessment process
Prescribed consultation process
COVID-19 workplace plans for protective measures

Module 5: Prescribed occupational health and safety measures for workplaces

Application, prescribed administrative measures, social distancing measures, symptom screening prescriptions, provision and use of sanitizers, disinfectants and washing of hands
Prescriptions relating to the provision and use of cloth masks
Prescriptions relating to ventilation and specific PPE
Measures for small businesses

Module 6: Management of COVID-19 cases in the workplace

Symptom monitoring and management
Identifying high risk and low risk COVID exposures at work
Isolation and quarantine leave
Quarantine at home guidelines for employees
Submission of COVID-19 related health data from workplaces

Module 7: Environmental cleaning, disinfection and decontamination of the workplace

Timeframe that the virus remains on surfaces
Routine cleaning and disinfecting of the workplace
Closure of the workplace for decontamination purposes
Prescribed decontamination and deep cleaning procedures for possible infected work areas
The use of hazardous chemical substances

Module 8: Steps to be taken when a person presents with COVID-19 symptoms (symptomatic persons)

Discussion includes isolation facilities, prescribed isolation and transportation procedures

Module 9: Assessment of the risk of transmission to persons and surfaces

How to assess the risk of transmission to persons and surfaces
Disinfection/ decontamination of the workspace
Cleaning company transport vehicles after transporting a PUI or confirmed COVID-19 infection

Module 10: Contact tracing and reporting to the relevant authorities

Contact tracing in the workplace (purpose, objectives and elements)
Contract identification, history details of contacts and contact listing
Reporting duties with confirmation of a positive person
Contact follow-up and the commencing of contact tracing
Screening of workers who may be at risk
Monitoring of close contacts of known COVID 19 cases

Module 11: Directive for Workplace-Acquired Novel Corona Virus Disease Claims

Aim and objective of the COIDA
Compensation Fund and licences
Protection of employers against claims from employees and dependants
Categories of persons are entitled to compensation
Employer, employees and dependants
Criteria, diagnosis impairment for Coronavirus Disease (COVID-19)
Benefits, claims procedure, documentation and submissions of COVID-19 claims

Module 12: Right to refuse work, communication and training

Refusal to work due to exposure to COVID
Informing employees of COVID 19 related information
Providing training and information to management and employees
COVID related recourses

Module 13: Role of health and safety representatives and committees

Important role of health and safety representatives and committees in the management of COVID-19

Module 14: Recording and investigation of COVID-19 related cases

Record keeping requirements
Prescribed investigation for COVID-19 incidents

Module 15: Monitoring and enforcing directions

Notices, fines and penalties

Purpose of the course:

Due to the anticipated third wave of COVID in South Africa, the infection rate may rise higher than before. One of the critical challenges for employers and businesses will be to effectively manage the risk in order to ensure business continuity.
This is a comprehensive course, compiled to assist employers and COVID-19 compliance officers in this regard. It provides attendees with critical information in order to manage COVID-19 effectively within the work environment. It will contribute towards providing and maintaining a safe and healthy work environment thus ensuring workplace compliance with statutory requirements.

The programme will be useful for:

COVID-19 compliance officers,
Health and safety practitioners,
The CEO/ Managing Director,
Directors - Section 16(2) appointees,
Compliance officers and security officers,
Human resource managers,
Managers and supervisors,
Health and safety representatives and committee members,
Union representatives,
Anyone interested in being COVID-19 compliant

Price:

R 2290 (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
E Mail: [email protected] or [email protected]

Online Booking Form

Click here to download registration forms for 23 & 24 June 2021 (08:30 - 13:00) Interactive Online Course

What does POPI compliance mean?

By Jan du Toit

Latest developments – Registration of Information Officers:

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

The address for the portal is https://justice.gov.za/inforeg/portal.html

The following information is required to successfully register:

Company name.
Company registration number.
Company type.
Company physical and postal addresses.
Company telephone and fax numbers.
Information Officer gender, nationality, full name and surname, ID or passport number.
Deputy Information Officers same details as per above.

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021.

POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.
Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.
Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.
Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.
The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.
General staff POPI policy and legislation awareness training.
Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).
Follow-up assessment on compliance measures and adherence thereto.

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

The policies bundle includes:

Privacy notice template to be published on your website.
Personal information protection policy.
Personal information retention policy.
Data breach policy.
Data breach register - form.
Data breach report - form.
Data security policy.
Data subject access request policy and procedures.
Data subject access request forms.
Processing agreement with third parties as Operators - contract.
Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements
Guidelines on the appointment of deputy information officers, inclusive of appointment letter.