New pandemic rules for the workplace will come into effect from April

FOR decades, health and safety rules applicable to work places were relatively stable and unchanged. However, since the outbreak of the Covid-19 pandemic, new health and safety rules and regulations for the workplace required employers to shift gears into high speed, in order to comply.

Whilst there have been announcements hinting at possible relaxation of measures to mitigate against the risks of Covid-19 in the workplace, no legal steps have in fact altered the status quo.

On March 15, 2022, a new Code of Good Practice on managing exposure to Covid- 19 in workplaces was issued. The new code will only take effect once the National State of Disaster lapses, and as it currently stands, that date is April 15, 2022.

The new code gives employers the right to require employees to disclose their vaccination status and to implement mandatory vaccination rules, based on the outcome of its risk assessment and Covid-19 workplace plan.

This means that if, after carrying out a risk assessment, the employer’s findings are that certain categories of employees (or all employees, dependent on the nature of the working environment) are potentially at high-risk of contracting or spreading the virus then the employer may opt to make it obligatory for employees to be vaccinated.

The new code provides for limited grounds for refusal to comply. Only if the employee provides a medical certificate, attesting to the fact that the employee has contraindications for vaccination, shall the employer be obliged to explore alternatives/ reasonable accommodation. If the employer opts to contest a medical opinion of this nature, the employer may insist on such assessment being confirmed independently, at its own expense.

The new code will not require symptom screening, however, the rules relating to hygiene standards, social distancing and the wearing of masks at work remain intact.

For any employment and labour disputes please contact Michelle Naidoo on michellen@mfp.co.za.