LOCKED DOWN!!!
It’s certainly a hard-hitting reality now.
We wake up to our new alternative reality, attempting to negotiate being confined to our humble abodes, working from home and the constant distraction of our children’s needs. As a father of two toddlers, I have a newly acquired respect for nursery school teachers!
However, whilst we are in lockdown, it is important to note that most businesses are likely to cease operations, or at the very least are at a diminished capacity. Many will continue or at least try, and some of us are now working from home.
The exception to this will be those entities that provide an essential service, that, have been registered to do so. These companies will continue to operate! Thank goodness they are doing so. It would be unnerving to think that you couldn’t get the basics needed for our survival or obtain medication or medical supplies.
These are the unsung heroes of the COVID-19 crisis.
According to Fin24 Mar 27, 2020, 20:06
Khulekani Magubane, Fin24
‘The minister said 50 000 companies employing 1.5 million workers applied to register their companies as providers of essential services through an online platform set up by the Companies and Intellectual Property Commission, with 40 000 certificates already awarded.’
These figures have likely since increased in number. The result is that there are likely to be far more companies registered and far more employees involved.
What are the implications of the COVID-19 crisis on these companies?
Employers are still bound by the regulations of the Occupational Health and Safety Act 85 of 1993 (“the OHSA”). It is therefore imperative that they ensure that a safe working environment is in place for their employees who are still rendering services. Failure to do so may give rise to claims by employees and fines imposed on the employers at a later stage.
It is therefore encouraged that employers discuss various safety measures to be implemented and that all safety equipment has been issued and is in proper working order.
These may include sanitizers, masks, gloves and distancing of employees from one another. Ensuring the minimising of contact with suppliers and customers is imperative at this juncture. Implementing urgent procedures will ensure that these rules are complied with and that all employees are aware of the measures in place and that they are required to strictly comply with these.
SAFETY, SAFETY, SAFETY!!!
Constant engagement with employees is crucial, identifying risk and limiting exposure should be a daily discussion. Using technology can limit the need for face to face contact and as such employers are urged to maximise the use of these technological avenues. Re-assessing production processes and the possible risks of exposure are imperative.
Employees are still contractually obligated to continue to render services to their employers. Notwithstanding the aforesaid, an element of reasonableness must be exercised as employees who feel they have been exposed to COVID-19 may self-isolate if the situation arises. Considering the veracity with which the virus is capable of spreading, such instances are justified to protect the whole workforce. Employees should be transparent in their communication to their employers and should clearly indicate that they are self-isolating due to possible exposure and the period they intend doing so. This period of self-isolation would be regarded as unpaid and as such employees would be required to claim from UIF for this.
Employees may not refuse to work if they fall within essential services as defined within the Government Gazette. Such refusal, if unreasonable, would constitute misconduct and employees would be subject to disciplinary procedures, and if serious and warranted may include dismissal. Similarly, failure to adhere to strict safety procedures may warrant severe disciplinary action being taken.
A reasonable refusal would be confined to conditions of employment that place an employee at severe risk as such conditions that fall short of the regulations contained within the Occupational Health and Safety Act 85 of 1993 (“the OHSA”). An employer should be mindful of any grievances lodged that relate to any concerns raised with respect to the safety of employees. Employers are required to take every reasonable precaution possible and are required that adequate equipment is issued to staff for their safety.
It must be stressed that this is a novel situation and employers are urged to continuously keep informed regarding directives and regulations issued by the various state departments. The COVID-19 issue is an ever-changing landscape and as such information is critical to employers and employees alike.
The Employers and employees that are tasked with rendering essential services are the heroes of the economy whilst the lockdown continues. If it weren’t for these companies and their employees, we would all be in a dire situation and chaos would ensue.
Society’s ability to still function is directly attributed to these very companies continuing to render services. Employees are a vital component to these companies and their co-operation is required to continue to keep the South African ship afloat.
ABOUT THE AUTHOR
Ryan King is an admitted attorney. He obtained his LLB degree at UNISA. He started working as a legal advisor in 2014 and is currently employed as a senior legal advisor at SEESA Labour’s Gauteng office.