LABOUR RELATIONS ACT, 66 OF 1995: CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE, 2022
Notice Title: Labour Relations Act, 66 of 1995 (“LRA”): Code of Practice: Managing exposure to SARS-COV-2 in the Workplace, 2022
Government Notice: GN 2191 in GG 46596 on 24 June 2022
Commencing date: 24 June 2022
The Minister of Employment and Labour (“the Minister”) published the Code of Good Practice: Managing Exposure to SARS-CoV-2 in the Workplace (“the Code”), issued by the NEDLAC in terms of section 203(1) of the LRA, to take immediate effect.
The notice confirmed that the Notice published in GNR 1876 on 15 February 2022 was made in error and is liable to be set aside.
A purpose of this Code is to guide employers and employees in managing exposure to SARS-CoV-2 in the workplace by providing guidance to employers and employees in –
(a) conducting or updating a risk assessment in terms of the OHSA and the HBA in respect of SARS-CoV-2 exposure;
(b) developing a plan to limit infection, transmission and mitigate the risks of serious illness or death on the basis of that risk assessment;
(c) implementing the plan;
(d) managing absence from work due to infection, isolation and adverse effects of vaccination;
(e) seeking to accommodate employees who refuse or fail to vaccinate against SARS-CoV-2 .
Another purpose of this Code is to require any person interpreting an employment law to take this Code into account in respect of any matter arising from its application. This includes employees, trade unions, employers, employers’ organisations, inspectors, conciliators, arbitrators and judges.
Please note that there is a limited application of the Code to mines, mining areas and works, as far as it relates to the vaccination of employees as stipulated in section 18 of the Code.
The Regulations for Hazardous Biological Agents, 2022 (“HBAR”) list coronavirus as a listed hazardous biological agent, classed as Group 3. It therefore places legal responsibilities on employers in respect of employers to limit the exposure and mitigate the risks of infection by SARS-CoV-2.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
Employers must use the Code as guidance in implementing measures to prevent and mitigate the risks associated with SARS-CoV-2 exposure in the workplace. The Code is intentionally general because workplaces and their requirements differ. Accordingly, departures from the non-obligatory provisions of the Code may be justified in appropriate circumstances. Any employer or employee who departs from them must demonstrate justifiable reasons for doing so.
For assistance or queries please contact Gert van der Waal at gert@shangoni.co.za.
