COVID-19 OHS REQUIREMENTS FOR ALL BUSINESS OPERATORS [ RESTAURANTS, HOTELS AND F&B ESTABLISHMENTS INCL]

Herewith the requirements to be complied with in terms of the OH&S Directive for COVID-19 as well as the summary of the Adjusted Level 3 lockdown restrictions pertaining directly to our industry and customers. Included are NIOH and DOH guideline documents relating to Risk assessments as well as the updated Level 3 Regulations.

• Specialised health risk assessment for workplaces (by employers and self-employed persons)
• COVID-19 Walk-through Risk Assessment
• Disaster Management Act, Amendment of Regulations in Terms of Section 27(2) - 29.12.2020

OHS ACT DIRECTIVE – 1 OCTOBER 2020
On 1 October 2020 the Minister of Employment and Labour published a new consolidated COVID-19 Direction on Occupational Health and Safety in the Workplace (Directive) which replaces the Directive that was published on 4 June 2020.

Risks assessments and plans for protective measures
The requirement for all employers to undertake a risk assessment and to develop a workplace plan based on that assessment remains. The plan must describe the protective measures that have been put in place for the phased return of employees to the workplace.

The workplace plan also needs to include a description of the procedure that the employee would need to follow in the event that an employee wishes to exercise his / her right of refusal to work in terms of clause 14(1) of the Directive.

It is necessary for all employers who employ more than 50 employees to submit a record of their risk assessment together with a written policy relating to the protection of employees' health and safety from COVID-19 in terms of section 7(1) of OHSA to (i) its health and safety committee; and (ii) the relevant Provincial Chief Inspector at the Department of Employment and Labour via email by 21 October 2020

Reporting obligations
Employers must require employees to disclose whether they have any health issues, comorbidities or conditions that make them especially vulnerable to COVID-19 and the employer must then take special measures to mitigate the risk of COVID-19 for those vulnerable employees.

In addition to the obligations on all employers in terms of the previous directive, all employers who employ more than 50 employees in a workplace must now submit certain categories of data to the National Institute for Occupational Health (NIOH). The following categories of data must be submitted electronically to OHSworkplace@nioh.ac.za or by means of the online platform:

  • each employee’s vulnerability status for serious outcomes in the event of a COVID-19 infection;
  • the details of the COVID-19 symptom screening data of employees who are symptomatic;
  • the details of those employees who test positive for COVID-19;
  • the number of employees identified as high-risk contacts and the number of employees who have been quarantined as a result of exposure to another employee who has tested positive for COVID-19; and
  • The details related to the post-infection outcomes of those employees who tested positive, including the return to work assessment outcome.


The vulnerability status of employees must be provided once in respect of each employee but the remaining data must be submitted on a weekly basis, as soon as possible before Tuesday in respect of the data that was collected in the previous week beginning on the Sunday. The data may be submitted by an employer via an employers’ association if the association has entered into an agreement with the NIOH to receive, process and submit the data to the NIOH and the association has undertaken to submit the data on behalf of the employer.

Employers have a duty to inform employees that their personal information will be submitted to the NIOH in accordance with the employer’s legal obligations and that the NIOH has undertaken to comply with the provisions of the Protection of Personal Information Act, 2013.

Previously employers were obliged to report each instance of an employee testing positive for COVID-19 to the NDOH by way of the COVID-19 hotline. These positive cases must now be reported to the NIOH electronically, as discussed above.

Symptom screening
The obligations in relation to symptom screening remain the same as in the previous directives save for the fact that when an employee self-isolates or is required to quarantine after an incident of high risk exposure to another person with COVID-19, this quarantine period has been reduced from 14 days to 10 days. In the case of low risk of exposure the employee must be monitored for symptoms for 10 days as opposed to 14 days.

Sanitizers, disinfectants and washing of hands
The requirements for alcohol-based sanitizer (at least 70% alcohol content) remains the same as previously directed, but now surface disinfectants used in the workplace must be in accordance with the recommendations of the NDOH.

Cloth masks
Employers continue to remain obliged to provide cloth masks to their employees (two per employee) but these must now comply with the Recommended Guidelines Fabric Face Masks.

Small businesses
More limited obligations still apply in relation to employers with less than 10 employees. In addition, the employer must now contact the relevant provincial inspectorate (and not the general COVID-19 hotline number) for instructions when an employee presents with symptoms at work.

Refusal to work due to exposure to COVID-19
The previous directive introduced a method by which an employee can refuse to work if circumstances arise which, with reasonable justification, appear to that employee, or to a health and safety representative, to pose an imminent and serious risk of exposure to COVID-19. In such circumstances, the employer is under a duty to attempt to resolve any issue that may arise from the exercise of such right, in consultation with the COVID-19 Compliance Officer and any health and safety committee or health and safety representative.

A further reporting obligation has been included in the latest Directive in circumstances where the matter cannot be resolved internally. In such cases the employer has an obligation to notify an inspector of the issue within 24 hours and to advise the employee and all other parties involved in resolving the issue that an inspector has been notified. The employer is further required to comply with any prohibition issued by the inspector in terms of section 30 of the OHSA. Such a notice may be issued by the inspector in the event that, inter alia, the inspector is of the opinion that any act threatens or is likely to threaten the health and safety of any person.

Adjusted level 3 Restrictions:[29.12.2020]
In terms of the adjusted Level 3 lockdown restrictions the following applies to all restaurants:
(1) Every person is confined to his or her place of residence from 21H00 until 06H00 daily,

(3) Closing time for the following establishments, whether indoors or outdoors. is 20H00:
(a) Cinemas;
(b) theatres;
(c) casinos;
(d) museums. galleries and archives:
(e) gyms and fitness centres:
(f) restaurants;
(g) venues hosting auctions: and
(h) venues hosting professional sport.

(15) Gatherings at the following places are allowed subject to the limitations set out below -
(a) restaurants. subject to a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold the prescribed number of persons observing a distance of at least one and a half metres from each other, then not more than 50 percent of the capacity of the venue may be used, subject further to strict adherence to the times of operation provided for in regulation 33(3). health protocols and social distancing measures. as provided for in the directions issued by the relevant Cabinet member. after consultation with the Cabinet member responsible for health: (c) every hotels, lodges, bed and breakfasts. timeshare facilities, resorts and guest houses are allowed full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half metres from each other when in common spaces; and conferencing, dining and entertainment facilities are subject to a limitation of a maximum of 50 persons or less for indoor venues and 100 persons or less for outdoor venues and if the venue is too small to hold 50 persons observing a distance of at least one and a half metres from each other. then not more than 50 percent of the capacity of the venue may be used; and business premises, including but not limited to supermarkets, shops, grocery stores, produce markets and pharmacies, are subject to a limitation of 50 percent of the floor space, which includes customers and employees, and subject to strict adherence to all health protocols, social distancing measures.

Sale and dispensing of liquor
44. (1) The sale, dispensing, and distribution of liquor-
(a) for off -site consumption: and
(b) for on -site consumption ,is prohibited.
(2) The consumption of liquor in public places is prohibited.
(3) The tasting and selling of liquor to the public by registered wineries. wine farms. and other similar establishments registered as micro manufacturers is prohibited.
(4) The transportation of liquor is prohibited.

| Updated – 02 January 2021


DISASTER MANAGEMENT ACT REGULATIONS: ALERT LEVEL 3 DURING CORONAVIRUS COVID-19 LOCKDOWN: AMENDMENT

The classification of the regulations is hereby amended by the substitution for adjusted alert level 3. The Government Gazette explains the application of alert level, movement of persons, mandatory protocols when in a public place, attendance of funerals, gatherings, eviction, and demolition of places of residence, rental housing, places, and premises closed to the public, initiation practices controlled visits by members of the public...









Click here to view updated regulations | Updated – 29 December 2020

LEVEL 1 REGULATIONS AMENDED TO PROVIDE CLARITY ON APPROVED OCCUPANCY LEVELS FOR ACCOMMODATION ESTABLISHMENTS

With the recent amendment of Level 1 Regulations, issued by the Ministry of Cooperative Governance and Traditional Affairs, there had been some confusion regarding the approved occupancy levels for accommodation establishments. The Ministry has issued amended regulations - dated 17 December - clarifying that accommodation establishments, including hotels, lodges, B&Bs, timeshare facilities, resorts and guesthouses are allowed to operate at full capacity of the available rooms for accommodation, with patrons observing a distance of at least one and a half meters from each other when in common spaces.
| Click here to view the full Gazette. | Updated Customer Communication - 22 December 2020


DISASTER MANAGEMENT ACT, 2002: AMENDMENT OF REGULATIONS IN TERMS OF SECTION 27(2)

Herewith the most relevant and pertinent issues for our industry sector:

1. RESTAURANT, BARS, TAVERNS ETC...
  • General curfew – 23:00 – 04:00 daily, including Christmas and New Year’s Eve
  • HOTSPOT Curfew: 22:00 -04:00 daily
  • Max 100 pax indoors
  • Max 250 pax outdoors
  • People not at tables (standing room) need to be 1.5m apart
  • Not more than 50% of restaurant / bar’s capacity can be used if the venue is too small to observe the 1.5mt distancing.
  • All establishments must close at 22:00 (10pm) – HOTSPOTS: all establishments close @ 21:00 (9:00pm)
  • Strict health and safety measures to be always implemented and compliance, as per previous regulations.
  • Restaurant operators to exercise right of admission.
  • Do not allow patrons behaviour to compromise the industry.


2. HOTELS, LODGES, B&B, TIMESHARE FACILITIES, RESORTS AND GUEST HOUSES:

Hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses subject to a restriction on the number of persons allowed in the hotel, lodge, bed and breakfast, timeshare facility, resort or guest house to not more than 50 percent of the available accommodation capacity, with patrons observing a distance of at least one and a half.

| Brought to you by: SA Government | Read more | Updated Statement – 15 December 2020

COVID Connect – The official COVID-19 app for South Africa

Here’s what you can do to turn the tide on these events, to help SA to overcome COVID-19. Download and use the COVID Alert SA app, the South African government’s official Bluetooth contact-tracing app. It’s built on the Apple–Google Exposure Notifications application programmable interface (API). User privacy and security are at the core of the design. Anyone in South Africa who has a Bluetooth-enabled smartphone can access this app.

  • Downloading the app is quick and easy – it’s under 3 MB in size.
  • The app is free and does not feature in-app purchases.
  • You will not have to pay for mobile data when you use the app – the data to use the app has been zero-rated by all of South Africa’s mobile network providers.

For more information on CovidAlert App visit:
CovidAlert Launch Video: https://youtu.be/l9RK_obX9ws
CovidAlert Webpage: http://sacoronavirus.co.za/CovidAlert
CovidAlert FAQs Webpage: https://sacoronavirus.co.za/covidalert/covidalert-faq/
CovidAlert Explainer Video: https://youtu.be/XBSdMcruJC0
CovidAlert How-To Video: https://youtu.be/cFLJRr1Dr7k
Please use this link to access the presentation and collateral (social media graphics, posters, videos, etc). https://drive.google.com/drive/folders/1gGubedzq3Sn_nJpasElqgGroCMtPrNom?usp=sharing


| Updated communication 22 September 2020

Reducing the Risk of COVID-19 Infection

Dear Valued Customer,
Protect yourself and your colleagues with practical online training to lower the possibility of infection. Responding appropriately and timeously to the Novel Coronavirus (2019-nCoV) outbreak is a significant challenge for businesses worldwide. As more information becomes available, we know that adopting certain behaviors can help to reduce the risk of infection for ourselves, our colleagues, and our customers...


| Brought to you by: Ecolab | Read more | Updated Customer Communication - 10 March 2020

Bidfood Statement : Customer Notification COVID-19

Dear Valued Customer,
Coronavirus (COVID-19) is a new respiratory illness that has not previously been seen in humans. The virus was first detected in China in December 2019, and has since spread to a number of other countries, with over 100 000 confirmed cases so far across 100 countries globally, and 7 cases currently confirmed in the SA...


| Brought to you by: Ecolab | Read more | Updated Customer Communication - 10 March 2020

Bidfood Statement COVID-19 Q&A – Frequently Asked Questions

What is Bidfood doing?
We take both the safety of the products we supply and our people very seriously. Please take a moment to read through these FAQ’s in which we have addressed queries received to date...

| Brought to you by: Ecolab | Read more | Updated Customer Communication - 10 March 2020

Bidfood Statement: Customer Notification – Why our Drivers and Assistants are not wearing masks?

Dear Valued Customer,
In accordance with the guidelines of the World Health Organisation as published on their website, I quote their recommendations with respect to the use of face masks, as follows: “Only wear a mask if you are ill with COVID-19 symptoms (especially coughing) or looking after someone who may have COVID-19...

| Brought to you by: Ecolab | Read more | Updated Customer Communication - 16 March 2020

FREE DOWNLOAD - Hand Hygiene Posters brought to you by Kimberly-Clark Professional


| Brought to you by: Ecolab | Read more | Updated Customer Communication - 16 March 2020

Coronavirus - Advice for Food Workers Infographic – Anelich Consulting


| Brought to you by: Anelich Consultin | Updated Customer Communication - 17 March 2020

fin24 - Restaurants can stay open after 18:00 – but no alcohol sales allowed

Following the introduction of limited opening hours for places that sell alcohol (including shebeens, bars and licensed restaurants), police minister Bheki Cele said that restaurants may stay open after 18:00 – as long as they don’t sell alcohol.

| Read more | Updated Customer Communication - 20 March 2020

BUSINESSTECH - New coronavirus debt relief fund for businesses – here’s how it will work

The Department of Small Business Development is establishing a debt relief fund to help mitigate the impact of the economic shutdown caused by the coronavirus on small, micro and medium enterprises (SMMEs). Small business minister Khumbudzo Ntshavheni said that the fund is aimed at providing relief on existing debts and repayments.

| Read more | Updated Customer Communication - 21 March 2020

Bidfood Statement: Customer Notification - Operations during lock down

Dear Valued Customer,
Whilst we agree with the National lock down, and support government’s efforts to slow the disease down, we will support those that are providing essential services to the country. As a result although significantly scaled down, we remain open and operational during the lock down period…
| Read more | Updated Customer Communication - 26 March 2020

Bidfood Pretoria Statement: Customer Notification – Branch Closure 27 March – 21 April 2020

Dear Valued Customer,
Please be aware that as we consolidate our operations and logistics, the Bidfood Pretoria branch is closed as from the 27th of March until the 21st of April 2020. We are however still fully operational to receive orders and make deliveries, which will be fulfilled by our Bidfood Linbro Park branch...
| Read more | Updated Customer Communication - 27 March 2020

Important Documents related to COVID19 - Level 4

  • The full list of regulations issued and how they affect you can be viewed here...
  • Permit for the Movement of Children to Travel to Another Province/metropolitan Area/district can be
    viewed here...
  • Order for a Person to Go to a Site of Isolation, Quarantine Facility, or for a Person to Go for Medical Examination can be viewed here...
  • Permit to perform an essential or permitted service can be viewed here...
  • Permit to Travel to Another Province/metropolitan Area/district for a Funeral viewed here...
  • Sworn Affidavit by Person Who Wishes to Attend a Funeral in Another Province/metropolitan Area/district viewed here...


| Updated Customer Communication - 04 May 2020

BUSINESSTECH - New coronavirus debt relief fund for businesses – here’s how it will work

According to the South African government, South Africa will move from a level 5 complete lockdown to level 4 lockdown from 1 May. Level 4 means limited economic activity and the easing of some movement.

| Read more | Updated Customer Communication - 04 May 2020

Western Cape Government - Business Support Programs - Feedback Surveys

Dear Valued Customer,
We kindly request your feedback via survey on your experience of accessing business support programs launched by National government. The Covid-19 pandemic and associated lockdown measures are placing an enormous strain on our economy and on our business community. In a bid to provide a degree of economic relieve, national government launched a suite of business support programs, targeting various sectors and segments of the economy. In order to better understand your application experience, we kindly request your feedback, via survey. Below you will find a list of 9 business support programs, along with links to a feedback survey for each programme on the list. If you have made an application to one or more of the programs listed below, please would you be so kind as to complete the survey/s for those respective programs. Your contribution will offer valuable insight into some challenges that may have been encountered by applicants.


Business Support Initiative Feedback Surveys:


| Updated Customer Communication - 04 May 2020

Bidfood Statement: Customer Notification – Policy Update

Dear Valued Customer,
Please be aware that as we consolidate our operations and logistics, the Bidfood Pretoria branch is closed as from the 27th of March until the 21st of April 2020. We are however still fully operational to receive orders and make deliveries, which will be fulfilled by our Bidfood Linbro Park branch...
| Read more | Updated Policy – 19 May 2020

Bidfood Statement: Customer Notification – Policy Update

The Branch General Manager is required to implement control measures to minimise the spread of COVID-19 and ensure that all other measures to address work health and safety risks continue to be implemented. This is the case even if implementing control measures result in delays or disruption to the work...
| Read more | Updated Policy – 12 June 2020

Bidfood Statement: Customer Notification – COVID-19 Risk Register Response Control Measures

Every employee is responsible to take precautions and exercise reasonable judgement in protecting themselves and other employees against risk of infection with COVID-19...
| Read more | Updated Policy – 12 June 2020

Bidfood Statement: Customer Notification – Bidfood OHS Risk Assessment

All employees issued with cloth masks for use to and from work and to be worn at the workplace, all employees trained on good personal hygiene practices and hand hygiene i.r.o COVID-19, all employees to undergo daily temperature monitoring and health screening on arrival at place of work...
| Brought to you by: SA Government | Read more | Updated Regulations - 29 June 2020

Bidfood Statement: Customer Notification – Bidfood OHS Risk Assessment

Dear Valued Customer,
Jane Russill, our Quality & Risk Executive, created a summary of the directions applicable to restaurants, fast food outlets and coffee shops requested by government earlier this week…
| Brought to you by: SA Government | Read more | Updated Customer Communication - 01 July 2020

FREE DOWNLOAD – COVID-19 resource presentations brought to you by NIOH


| Brought to you by: National Institute of Occupational Health| Updated Customer Communication – 09 July 2020

Bidfood Statement: Customer Notification – Policy Update

Dear Valued Customer,
Food distribution staff are essential in keeping South African food supply chains operational. Due to the nature of the work, many workers cannot work from home and must continue to interact with their colleagues, suppliers, and customers. Employee’s and other persons near to one another increases the risk of exposure to COVID-19... | Read more | Updated Policy – 22 July 2020

Bidfood Statement: Customer Notification – COVID-19 Risk Register Response Control Measures

Every employee is responsible to take precautions and exercise reasonable judgement in protecting themselves and other employees against risk of infection with COVID-19... | Read more | Updated Policy – 22 July 2020

Bidfood Statement: Customer Notification – Bidfood OHS Risk Assessment

All employees issued with cloth masks for use to and from work and to be worn at the workplace, all employees trained on good personal hygiene practices and hand hygiene i.r.o COVID-19, all employees to undergo daily temperature monitoring and health screening on arrival at place of work... | Read more | Updated Policy – 22 July 2020

Restaurant workers may work and travel during curfew between work and home

Most restaurants that opened and are operating under Alert Level 3 are closing their service early in the evening to allow time for their staff to clean and travel home before the 21H00 curfew. The early closure effectively minimizes the hours available for the valuable evening service. Whilst we advocate abiding to all regulations, we also sought an opinion from Fluxmans a leading law firm in South Africa, in respect of the current legislation.
| View Fluxmans opinion here | View permit template here | Updated – 28 July 2020

Dept of Tourism Update: Minister Mmamoloko Kubayi-Ngubane: Level 3 Coronavirus Covid-19 Regulations for Tourism Sector

Following discussions about the current risk levels, the national Coronavirus Command Council recommended to Cabinet for some restrictions to be eased to allow more tourism activities to reopen. | Read more | Updated – 30 July 2020

Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown: Amendment

Dr Nkosazana Diamini Zuma, Minister of Cooperative Governance and Traditional Affairs, designated under section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002), having declared a national state of disaster, published in Government Gazette No. 43096 of 15 March 2020, and extended by Government Notices Nos. 646 of 5 June 2020 and 765 of 13 July 2020, hereby in terms of section 27(2) of the Disaster Management Act, 2002, after consultation with the relevant Cabinet members, make the Regulations in the Schedule. | Read more | Updated – 31 July 2020

Government Gazette - Department Cooperative Governance and Traditional Affairs.

Alert Level 2 will apply nationally from 00H01 on 18 August 2020. The regulations set out in this Chapter apply during Alert Level 2 are as follows: Every person is confined to his or her place of residence from 22H00 until 04H00 daily, except where a person has been granted a permit. A person must when in a public place, wear a face mask; and may not be allowed to be in a public place... | Brought to you by: SA Government | Read more | Updated Regulations - 18 August 2020

COVID-19 Alert Level-2 Tourism Sector Directions.

Our analysis of the global trends is that today and tomorrow’s traveller is looking for a destination that offers diversity, they will be still cautious to move from one country to the other during their tours and therefore are looking for countries that offer more experiences. South Africa as a destination... | Brought to you by: SA Government | Read more | Updated Tourism Statement - 21 August 2020

Disaster Management Act: Regulations: Alert level 1 during Coronavirus COVID-19 lockdown: Amendment

Dr Nkosazana Diamini Zuma, Minister of Cooperative Governance and Traditional Affairs, designated under section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002), having declared a national state of disaster, published in Government Gazette No. 43096 of 15 March 2020, and extended by Government Notices Nos. 646 of 5 June 2020 and 765 of 13 July 2020, hereby in terms of section 27(2) of the Disaster Management Act, 2002, after consultation with the relevant Cabinet members, make the Regulations in the Schedule. | Read more | Updated – 12 October 2020

COVID-19 App Videos

COVID Alert SA app explained
COVID Alert SA briefing video
How to use the COVID Alert SA app

Videos

Reducing the Risk of COVID-19 Infection
Coronavirus in South Africa

How soap kills the coronavirus

Audio from Wendy Alberts - RASA




Date: 20 March 2020
Email: wendy@restaurant.org.za
RASA - Management cc
Cell: 083 661 9000
Fax : 086 690 1979


Fluxmans Podcasts on COVID-19

Coronavirus – Tough Times! No work no pay?
(click on image to listen)
Hard Times! Business Closure? (click on image to listen) Rough Times! Money Worries? (click on image to listen) Contracts! Cancellation and confusion
(click on image to listen)