The last couple of months have been a time of great uncertainty regarding mandatory COVID-19 vaccination policies and cover for employees who suffer from COVID-19 vaccination side effects.
This issue has been addressed by the recent Notice (629 of 2021), published in the Government Gazette on the 22nd of October 2021.
The Notice states that where the employer requires an employee to receive the COVID-19 vaccine as an:
• Inherent requirement of employment; or
• Where vaccination is required based on the OHS Risk Assessment conducted by the employer.
The Compensation Fund will cover the employee for injuries, illness or death as a result of receiving a COVID-19 vaccine.
The above cover is, however, subject to certain requirements, being:
• The vaccine must be regarded as an inherent requirement of the job, based on the risk assessment conducted by the employer;
• A SAHPRA-approved COVID-19 vaccine must be administered;
• Employer must have a Risk Assessment and Vaccination Plan, as set out in the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces, dated 28 May 2021.
• There must be a chronological sequence between the vaccine inoculation and the development of symptoms. Clinical signs must be provided;
• The employee must have presented symptoms and clinical signs that are generally recognised as side effects of the COVID-19 vaccine;
• Additional tests may be required to assess the presence of abnormalities on any organs affected.
In order to qualify for the above cover, the employer must be registered and in good standing with the Compensation Fund.
The effect of the above Notice will become clear in the coming months, and further developments in this regard will be dealt with accordingly.
Should you have any questions regarding the above, please feel free to contact your nearest SEESA Office.
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