HSE Legal Consulting


The Department of Heath published an updated guideline on the submission of COVID-19 related health data from workplaces to the National Department of Health (Version 4 dated 27 November 2020) (“the Guideline”).

The updated Guideline provides for:

  • Clarification in the Introduction of the Guideline alignment with the Disaster Management Regulations, as amended.
  • Correction of the definition of a high-risk contact.
  • Differentiates between compulsory and voluntary sets of data to be submitted.
  • Templates for the different reporting requirements.

A copy of the guideline can be accessed website of the National Institute for Communicable Diseases (“NIOH”).

How to ensure compliance at my operation?

All employers with more than 50 employees and employers of mining operations are required to submit the various categories of data detailed in the Guideline. All employers, regardless of the number of employees employed, are required to submit the information required in the Guideline when one of its employees test positive for COVID-19.

The following categories of data are required to be submitted to the NIOH:

  • Vulnerable Worker Data (once off submission);
  • Daily Symptom Screening Data (weekly before Tuesday for the previous calendar week commencing on Sunday);
  • COVID-19 Testing Data (only when an employee tests positive for COVID-19);
  • High exposure risk Workplace Contact – contact tracing (weekly); and
  • Post infection outcome and Return to Work Data (once the employee returns to work).

The first step for employers is to register on the NIOH web portal. Once registered, the employer will receive a unique BusinessID and login credentials. Once registered the employer will be able to select their preferred method for submitting their data.

Employers must furthermore ensure that all information submitted under the Guideline strictly adheres to the Protection of Personal Information Act 4 of 2013 (“POPI”). Employers should inform its employees that their information will be submitted to the NIOH and advise them that their data will be treated confidentially and that the NIOH will comply with its obligations under the POPI.

How can Shangoni assist with compliance?

For more information, assistance with registration or submission of information to the NIOH please contact Gert van der Waal at