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Updated Course

 

COVID-19 Workplace Preparedness

Health, Safety and Claims

 Management Course

 

Interactive Online Course




Each delegate will receive an electronic book before the training course.

 

 

 

12 & 13 November 2020 (09:00 - 13:00) Interactive Online Course

 

 

 

Course Content

 

Module 1: Background and scope of guidance

  • Introduction, background and information to COVID-19

 

Module 2: Overview of legislation pertaining to COVID-19

  • Overview of the legislation pertaining to COVID-19

  • Notices, statues and directives pertaining to COVID-19 (DEL, DOH, Compensation Fund) (updated)

 

Module 3: COVID-19 employer, employee and third-party obligations

  • Explanation of the relevant Occupational Health and Safety Act and regulations relating to COVID-19

  • Employers obligations towards employees and third parties

  • The appointment of COVID-19 Compliance Officers (new changes)

  • Responsibilities of employees

  • COVID-19 classification, monitoring exposure at workplace, medical surveillance (HBAR)

  • Detailed explanation of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces (DEL - 1 Oct 2020) (new)

  • Correct symptom monitoring and management for employees (updated – new time frames)

  • Dealing with positive, symptomatic and asymptomatic workers (new)

  • How to identifying high risk and low risk COVID exposures at work (new)

  • Leave applicable for isolation and quarantine of employees (new)

  • Guidance note for workplaces in the event of identification of a COVID-19 positive employee

  • Reporting authorities and emergency contact details, hospitals and centres of disease control - COVID-19 (new)

  • Guideline on the submission of COVID-19 related health data from workplaces (28 Sept 2020) (new)

 

Module 4: Preparing the workplace for COVID-19

  • South Africa’s risk adjusted strategy for economic activity related prescriptions

  • How to identify and manage vulnerable employees as well as workplace accommodation

  • Prevention measures for all staff and others (3rd parties) that enter the premises

  • Prepare to implement basic infection prevention measures

  • Develop policies and procedures for prompt identification and isolation of sick people

  • How to prevent spread of respiratory infections like COVID-19

  • Daily routine cleaning and disinfecting of the workplace (new)

  • When do the workplace need to be closed for decontamination purposes? (new)

  • Prescribed decontamination and deep cleaning procedures for possible infected work areas (new)

  • Advice on travel, meetings; handling post, packages or food from affected areas, COVID-19 and food safety

 

Module 5: Conducting a COVID-19 workplace specific risk assessment

  • HIRA and Sectoral guidelines

  • Explanation of the prescribed controls for COVID-19

  • Risk Assessment for vulnerable employees and workplace accommodation

  • Selecting a suitable risk assessment methodology (example provided to delegates)

  • Performing a COVID-19 risk assessment (practical explanation of the steps that needs to be followed during the assessment process)

  • Identifying and classifying employees risk exposure and applying the prescribed control measures

 

Module 6: Directive for Workplace-Acquired Novel Corona Virus Disease Claims (new directive)

  • Aim and objective of the COIDA

  • Compensation Fund and licences

  • Protection of employers against claims from employees and dependants

  • Categories of persons are entitled to compensation

  • Employer, employees and dependants

  • Criteria, diagnosis impairment for Coronavirus Disease (COVID-19)

  • Benefits, claims procedure, documentation and submissions of COVID-19 claims

 

Module 7: COVID-19 Communication and Training

  • Informing employees of COVID 19 related information

  • Lines for COVID 19 communication

  • Preparing Communications Strategies

  • What to communicate to employees?

  • Providing training and information to management and employees

  • COVID related recourses

 

Module 8: Important role of health and safety representatives and committees in the management of COVID-19

  • Role of health and safety representatives

  • Role of the health and safety committee

 

Module 9: Reporting, recording and investigation of COVID-19 related cases

  • Reporting of occupational injuries and diseases to the employer

  • Reporting of occupational diseases to the authorities

  • Record keeping requirements

  • Prescribed investigation for COVID-19 incidents

 

Module 10: Action Checklist: Prevention and Mitigation of COVID-19 at Work

  • List of requirements for visits from Department of Employer and Labour (new)

  • Action checklist for the prevention and mitigation of COVID-19 at work

 

Purpose of the Course: 

  • As the infection rate of COVID-19 is rising in South Africa, one of the critical challenges for employers and businesses will be to effectively manage the risk in order to ensure business continuity.

  • This course was compiled to assist employers in this regard. It will provide attendees with critical information in order to manage COVID-19 effectively and to provide and maintain a safe and healthy work environment.

 

The programme will be useful for managers at all levels including: 

  • The CEO-Section 16(1) or Managing Director,

  • Section 16(2) appointees - Directors,

  • COVID-19 Compliance Officers,

  • Health and Safety Practitioners, Compliance officers and Security Officers,

  • Human Recourse Managers,

  • Engineers,

  • Managers and Supervisors,

  • Union Representatives,

  • Health and Safety Representatives and Committee Members,

  • Anyone interested in being COVID 19 workplace ready

 

Price:

  • R 1950 (incl. Vat) per delegate

  • Price include course material, certificates

 

For further information contact:

  • Deidre at telephone: (012) 666 8284/ 083 556 9407

  • Fax: (086) 547 2636 or (012) 661 1411

  • E Mail: or  

 

                               

                         

Online Booking Form

 

Click here to download registration forms for 12 & 13 November 2020 (09:00 - 13:00) Interactive Online Course

 

 

 

 

POPI and consent - don’t get caught in your own net

By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr

 

2020 has given rise to many challenges for employers. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI. 

 

POPI distinguishes between the collection, storage and processing of personal information and special person information. Special personal information includes e.g. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees.

 

It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. 

 

Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. Written consent is not expressly required. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. In the circumstances it is advisable for employees’ written consent to be secured. 

 

The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed.

 

The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR.

 

In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. The employees must be able to understand in clear language what they are consenting and the extent of the consent. Where necessary provisions should also be made specifically for the processing of special personal information.

 

Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee.

 

Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. 

 

Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. This would cover instances where e.g. an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act.

 

An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?

 

A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions.

 

So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. In the absence thereof, the employer will need to prepare and secure a further consent from the employee.

 

For more information, please contact Gillian Lumb at   

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com

 

 

 

 

 

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