New Covid rules for workplaces in South Africa – and what it means for vaccine mandates

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New Covid rules for workplaces in South Africa – and what it means for vaccine mandates
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The Department of Employment and Labour has listed SARS CoV2 (Covid-19) as a group 3 hazardous biological agent (HBA) under South Africa’s Hazardous Biological Agents regulations, which has important implications for employers and businesses in South Africa.

The Department of Employment and Labour has listed SARS CoV2 as a group 3 hazardous biological agent under South Africa’s Hazardous Biological Agents regulations, which has important implications for employers and businesses in South Africa, say experts at legal firm Bowmans.

They also require employers to control the exposure to HBAs in the workplace via various reasonably practicable measures. In categorising Covid-19, the regulations specify that a registered vaccine is available for use in South Africa and can, in terms of regulation 10, be made available to control exposure to the HBA in the workplace, where reasonably practicable.

“It can further be relied on as a means of demonstrating what would be considered ‘reasonably practicable’ for purposes of complying with an employer’s legal duty in terms of section 8 of the OHSA to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees.”The regulations are applicable to every employer or self-employed person at a workplace where exposure to an HBA may occur.

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