Workplaces must prepare for 'new normal' says Lawtons

28th April 2020

By: Marleny Arnoldi

Deputy Editor Online

     

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Come May 4, companies will have to adopt an array of policies and measures to protect employees returning to work from contracting or spreading Covid-19.

Law firm Lawtons Africa on April 28 unpacked some of the new norms that employers and employees would have to get used to for the remainder of the outbreak.

Director Imraam Mahomed said it was anticipated that the peak of Covid-19 infections would only be in September in South Africa, meaning that, for at least the remainder of this year, businesses will have to be extra vigilant about health and safety risks.

More details around the phased reopening of the economy and types of businesses that may resume trading are due to be published on April 30, but, until then, companies have to draft new policies and implementation protocols to be ready for when staff return to work.

These policies can always be adapted as new regulations come out, but companies not ensuring a safe working environment could potentially receive penalties or have to close.

Government has outlined the basic principles that need to be adhered to from May 1 and during Phase 4 of the lockdown, including that only a third of the workforce is allowed at any workplace, that employees continue to work from home where possible, and that no contact meetings be held or must be held with strict physical distancing and hygienic protocols. 

Director Pheteni Nkuna discussed the practical operational considerations around employees returning to work.

The businesses that are allowed to resume operations either fully or partly from May 1 have to make hand sanitisers available to staff and ensure that the work environment is continuously cleaned. Businesses also have to facilitate physical distancing and temperature screening of patrons.

She explained that businesses also had to supply personal protective equipment to staff members, with face masks as a minimum requirement.

Nkuna pointed out that many companies would need to factor in the cost of data for the remainder of the year, as the need to access the Internet from home remains, and employees may then have to be monitored to ensure the Internet is used for work purposes.

She added that companies might also incur additional costs to protect against cyberattacks, which have increased considerably since the lockdown. Unchecked information technology systems puts companies at risk of leaks of confidential information, as well as legal action from clients.

Senior associate Tricia Tsoeu notes that, given the difficult economic circumstances that have ensued with Covid-19, companies are increasingly considering salary reductions for staff or even retrenchments to keep the business afloat.

However, there are alternatives to retrenchments that employers will first have to consider, including salary reductions in percentages and according to seniority in the company. Another option is for employees to work half-day and not get paid for a full day of work, temporary lay-offs for a period of time, or rotational lay-offs – where employees will be required to work every second week or once a month, for example.

Lastly, she says employers and employees can agree to participate in some of the relief schemes that the Unemployment Insurance Fund offers.

Associate Jordyne Löser discussed health and safety issues and what is required from employers from May 1.

“Employers need to ensure a healthy and safe working environment and monitoring its risks to the virus’ exposure. Employees who have the ability to work from home, must continue to do so, while others implement rotational shifts to limit the number of workers on site at any given time.

“Employers are encouraged to use technology to hold meetings and not host contact meetings, but where contact meetings are necessary, it should be held with physical distancing measures in place and in rooms with proper ventilation,” she said.

Employers should also allocate specific delivery points and times. Employees’ movement at work should also be limited to their work space, while no physical contact must be allowed.

Companies that have kitchens or canteens need to implement restrictions to prevent unnecessary gatherings of people.

Employers are required to “deep clean” the workplace prior to employees returning to work, followed by regular cleaning and wiping down of the workplace.

In response to whether companies must wait for the lockdown to be lifted to Phase 4 before cleaning takes place, she said cleaning services may be engaged immediately.

Meanwhile, employees may not refuse to be screened or tested for Covid-19.

Employers may take disciplinary action if employees are found to create or spread fake news related to Covid-19. To this end, employers can keep employers updated with the latest developments around the virus to help keep people informed about the state of affairs.

All employers are encouraged to screen staff on a daily basis for symptoms of Covid-19. Employers also need to advise employees that they will be screened upon arrival and that the further testing procedures will remain confidential. Should an employee test positive, they will be referred to a medical practitioner and required to go into self-isolation.

Employers are also advised to have employees complete a declaration form to deal with issues in relation to contact during lockdown or what employees should do if they experience symptoms.

Tsoeu further explained that employers need to establish workplace guidelines for staff isolation should they start feeling unwell, until they leave for self-isolation at home.

Visitors are also required to be temperature checked and if they display symptoms, their entry should be denied.

 

 

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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