24 October 2023
Expert Advice from Team Duvenage Inc.
The Impact of the Termination of the National State of Disaster (NSD) at the Workplace
The declaration of the NSD was in response to the COVID-19 pandemic that engulfed the entire world. The government declared the NSD on 15 March 2020, to enable it to develop measures that would assist it to manage the global pandemic.
On 04 April 2022, President Ramaphosa announced the termination of the NSD with effect from 05 April 2022.
During his address, President Ramaphosa explained that going forward, the pandemic will no longer be managed by the NSD. It will be managed in terms of the National Health Act, 61 of 2003 (“the NHA”). To this end, the draft Health Regulations have been published for public comment. Public comment closes on 16 April 2022.
However, certain transitional provisions of the Regulations will remain in place for 30 days after the termination of the NSD. Most Regulations that are currently being observed will remain effective for 30 days to ensure a seamless post-disaster recovery and rehabilitation period.
This will ensure that essential public health precautions and other essential services are not interrupted during this transitional period, until the proposed NHA Regulations come into effect.
In terms of the proposed draft health Regulations, it seems that the NHA will maintain some of the critical provisions of the Disaster Management Regulations. These include, inter alia, mask-wearing, isolation or quarantine, social distancing, contact tracing, and the process regarding implementing a mandatory vaccination.
While we await the promulgation of the NHA Regulations, employers are advised to familiarise themselves with the Code of Practice on the Management of SARS-CoV-2 exposure (“the Code”) in the workplace. The Code was issued on 15 March 2022.
The Code's purpose is to assist employers and employees in managing SARS-CoV-2 exposure in the workplace by guiding them in conducting or updating a risk assessment in accordance with the Occupational Health and Safety Act, 1993 and Hazardous Biological Agents Regulations, 2022.
The full impact of the termination of the NSD will be measured upon the promulgation of the NHA Regulations.
Should you require any further information, please do not hesitate to contact our offices.
Written by:
DUNSTAN FARRELL
