LEVEL 3 REGULATIONS ISSUED IN TERMS OF THE DISASTER MANAGEMENT ACT

The Department of Cooperative Governance has today signed off on the regulations that will be applicable when the country moves to Level 3 of lockdown on 1 June 2020. The following aspects are important, but are not a full summary of the applicable regulations:

General

Alert Level 3 will apply nationally from the 1st of June 2020. Government has identified the following areas as hotspots:

1.Tshwane
2.Johannesburg
3.Ekurhuleni
4.Ethekwini
5.Nelson Mandela Bay
6.Buffalo City
7.Cape Town
8.West Coast, Overberg and Cape Winelands district municipality
9.Chris Hani district in the Eastern Cape
10.iLembe district in Kwazulu Natal

A determination may be made that different alert levels apply at national, provincial, metropolitan or district level or in a hotspot. This will be done taking into account the number of active cases per 100 000 population, the rate of increase of active cases, and the availability of medical resources.
Movement of people may be restricted in and out of hotspots.

Movement of persons

A person may leave a place of residence to perform any service permitted under Level 3, or to travel to and from work. The requirement to wear a face mask maintains compulsory.  Movement of persons between provinces, metropolitan areas and districts and hotspots are prohibited, except where a person is performing a service permitted under Level 3, provided that the person is in possession of a permit that corresponds with Form 2 of Annexure A of the regulations. All gatherings are still prohibited, except for faith-based institutions where the limitation is 50 persons or less, or for persons at their workplace for work purposes.

Operation of economic and public sector

All sectors are open, except as listed in Table 2 of the regulations. Business with more than 100 employees, must minimise the number of employees at the workplace at any given time through rotation, staggered working hours, shift systems, remote working arrangements or similar measures, to ensure social distancing and limit congestion in public transport. The relevant health protocols and social distancing measures must be complied with as set out in the various legislations. Special measures must be implemented for employees over 60, or those with co-morbidities to facilitate their safe return to work. Where possible, they must work from home.

Financial services firms, amongst others with more than 500 employees must finalise appropriate sector or workplace arrangements to address the following:

1. Provide or arrange transport for employees, or consider staggered working time arrangements to reduce congestion in public transport;
2. Stagger return of employees to ensure workplace readiness and avoid traffic congestion during peak travel times;
3. Screen employees daily for Covid-related symptoms, and refer those with symptoms for medical examination.

Compliance

Industries, businesses and entities, both private and in the public sector must designate a Covid-19 compliance officer to develop a plan for the phased in return of their employees, which must correspondence with Annexure E of the regulations. This plan must be retained for inspection.
The requirements of what must be contained in this document, is noted in the regulations.
Employers must take steps to ensure customers keep a distance of at least 1.5 meters from each other, and that all directions in respect of health protocols and social distancing measures are adhered to.

Table 2 – Alert Level 3

It important to take note of the following provisions:

All persons who are able to work from home must do so. Person will however be permitted to perform any type of work outside the home, and to travel to and from work and for work purposes under level 3, subject to:

1. Strict compliance with health procotols and social distancing measures;
2. The return to work being phased-in, in order to put in place measure to make the workplace Covid-19 ready;
3. The return to work being done in a manner that avoids and reduces the risks of infection; and
4. The work not being listed under the specific economic exclusions in Table 2.