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Regulation 16(6)(b) of the Regulations in terms of the Disaster Management Act issued on 29 April 2020 places four obligations on each business, industry and entity in both the public and private sector which are permitted to operate during Alert Level 4:

  1. Covid-19 compliance officer

They must designate a Covid-19 compliance officer. This person should oversee the implementation of the Workplace Plan, as well as adherence to the standards of hygiene and health protocols relating to Covid-19 at the workplace.

  1. Phased in return from other provinces/metropolitan areas/districts

They must phase in the return of their employees to work in order to manage the return of employees from other provinces, metropolitan areas and districts. In terms of regulation 16(4), workers who perform an essential or permitted service who have to commute to and from work on a daily basis between provinces, metropolitan areas or districts, must have a permit (Form 2 of Annexure A) to travel and perform such work.

  1. Measures

They must develop measures to ensure that the workplace meets the standards of health protocols, adequate space for employees (i.e. one person per 1.5 metres of floor space), and social distancing measures for the public and service providers, as required.

  1. Workplace Plan

They must develop a Workplace Plan for the phased in return of their employees to the workplace, prior to reopening the workplace for business. This Plan must correspond with Annexure E, and must contain the following information:

  • which employees are permitted to work;
  • what the plans are for the phased-in return of their employees to the workplace;
  • the health protocols that are in place to protect employees from Covid-19; and
  • the details of the Covid-19 compliance officer.

The measures that must be taken, and the Workplace Plan can be viewed on the Business for South Africa website at https://www.businessforsa.org/obligations-on-businesses-operating-during-covid-19-alert-level-4/

Regulation SEIFSA