‘Implications of Covid-19 on workers’ rights’ 3 May 2020

On March 11 2020, the World Health Organisation (WHO) declared Covid-19 a global pandemic and immediately urged members to take drastic measures to combat the disease… The national lockdown closed all business activities except for those engaged in essential services. Essential services are defined in Section 102(a) of the Labour Act as “any services the interruption of which endangers immediately the life, personal safety or health of the whole or any part of the public”. Examples of such services include health care services, designated transport services, supply and distribution of electricity, supply of water, sewerage and sanitary services, fire brigade, coal mining and distribution of fuel and food, among others.

SI 94 of 2020 broadened essential services to include mining and manufacturing sectors. Workers engaged in essential services continue reporting for duty despite the risk of Covid-19. It is, therefore, necessary to consider the legal position of such employees’ right to safe and healthy working conditions, the legal obligations of employers towards employees rendering services in the wake of the Covid-19 pandemic, which has since been categorised by the International Labour Organisation (ILO) as an occupational disease.

… These include the following: employers must ensure that the workplace, machinery, equipment and processes are safe and without risk to health; employers must ensure that chemical, physical and biological substances and agents are without risk to health; employees must be provided with adequate protective clothing and protective equipment, and employers have a duty to provide adequate measures to deal with emergencies and accidents including first aid arrangements. The OSHC creates other related rights. For instance, employees or their representatives have a right to information on measures taken by the employer to secure occupational safety and health, and the right to training in occupational health and safety.