These are the coronavirus work rules for South Africans over 60 and other ‘vulnerable’ employees
Minister of Employment and Labour, Thulas Nxesi, has published a directive outlining the occupational health and safety measures for the reopening of workplaces in South Africa.
According to law firm Werksmans Attorneys, one of the key focuses of the directives relates to ‘vulnerable employees’.
“A vulnerable employee is defined as an employee with known or disclosed health issues or comorbidities or any other condition that may place the employee at a higher risk of complications or death than other employees if infected with Covid-19 or employees above the age of 60 years who are at a higher risk of complications or death if infected, ” Werksmans said.
“Every employer is obliged to take a number of administrative measures which include, among others, taking special measures to mitigate the risk of Covid-19 for vulnerable employees.”
Werksmans said that these measures must be in accordance with the guidelines issued by the Department of Health.
What do the guidelines say?
The Department of Health published a guidance note on vulnerable employees and workplace accommodation in relation to Covid-19′ at the end of May.
The note provides details on how identify vulnerable employees, the correct way to assess these workers, as well as the best practices around protecting and managing vulnerable employees in the workplace.
Some of the key points are outlined in more detail below.
Identifying vulnerable employees
Based on information and clinical expertise available, older adults and people of any age who have impaired function of certain organs (heart, lung, kidneys) or depressed immune system are at higher risk for serious complications and severe illness from Covid-19, the guidelines satate.
The major categories include:
- A person who is 60 years and older;
- A person who has one or more of the underlying commonly encountered chronic medical conditions (of any age) particularly if not well controlled. These include chronic lung disease, diabetes, hypertension, and serious heart conditions;
- A person with severe obesity – body mass index (BMI) of 40 or higher;
- Someone who is immunocompromised as a result of cancer treatment, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS;
- Someone who is more than 28 weeks pregnant and especially if they have one or more of the above co-morbidities.
South Africa’s level 3 lockdown restrictions allow a large part of the economy to return to work, but also introduce a number of requirements that companies must put in place prior to the return of employees to the workplace.
Assessing an employee
The guidance note says that the employee should be assessed by his/her treating doctor.
The doctor should provide a confidential note to the employer, indicating the presence of any of the above conditions, without specifying the diagnosis.
However, the guidelines state that doctor should refrain from commenting on the employee’s fitness to work.
Other steps which a doctor should take to ensure that an employee’s health condition is fully optimised, can include:
- Recommending flu vaccinations (and pneumococcal vaccine where appropriate);
- The employee has adequate supply of chronic medication for up to six months;
- Advise the employee not to delay getting emergency care for their underlying condition;
- Advise employee to maintain ongoing health consultations if they have any concerns;
- Ensure that the employee has access to psychosocial support for new-onset or exacerbation of preexisting mental illness.
Protecting employees and leave
The guidance note says employers should have a clear and transparent policy and appropriate procedures to address the specific needs of vulnerable employees.
These measures need to take into account the individual circumstances of the employee in relation to their work environment, it said.
“If potential exposure cannot be eliminated or reduced, then the employer, in consultation with the relevant employee, should explore other ways of temporary workplace accommodation to prevent the risk of infection.
“These accommodations should be granted based on optimal utilisation of the employee’s skills/competencies, without a reduction in benefits and accompanied with adequate training where appropriate.”
This includes:
- Alternative temporary placement/redeployment to a different role and responsibility which has a negligible risk for transmission;
- Restriction of certain duties (not allowed to perform high-risk procedures);
- Protective isolation (e.g. providing a dedicated, clean office, etc.);
- Stricter physical distancing protocols (including staggering of shifts), barriers or additional hygiene measures.
“If the above steps are not possible, then consideration should be given to allowing the employee to work from home if able to do so, and the necessary equipment, internet access, etc. is available,” the guidelines state.
When looking at leave, the guidelines state that temporary incapacity, for the period of the Covid-19 epidemic, may be motivated by the treating doctor on the grounds that workplace accommodation is not possible.
“Should this not be possible the employee should be able to utilise his/her sick leave if appropriate, as advised by the treating doctor. Should sick leave be exhausted, the employee should be able to utilise his/her annual leave.”
The guidelines state that unpaid leave is not recommended and if contemplated, should be the last resort.
You can read the full guidance note below.
Werksmans Attorneys commentary by Jacques van Wyk (director) and Andre Van Heerden (senior associate).
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