LEGAL NOTICE NO: …….

OF 2020
___________________

THE CORONAVIRUS (COVID-19) REGULATIONS, 2020

THE GUIDELINES ON SAFE AND HEALTHY RETURN TO WORK DURING THE

CORONAVIRUS (COVID – 19) PANDEMIC NOTICE, 2020
(Under Regulation 32 (10))

In exercise of the powers conferred by Regulation 32 (10) of the Coronavirus (COVID- 19)
Regulations, 2020, the Minister for Labour and Social Security in consultation with the
Tripartite Advisory Technical Committee for Occupational Safety and Health makes the
following guidelines-

Citation and Commencement

1. This Notice may be cited as the Guidelines on Safe and Healthy Return to Work During
the Coronavirus (COVID – 19) Pandemic, 2020.

2. These Guidelines shall come into force on the date of publication and shall cease to
have effect at the end of the national emergency in response to Coronavirus (COVID-
19).

Application
3. This Guidelines shall apply to all employers, employees and/or any workplace
including premises owned or occupied by the Government.

4. Coronavirus Guidelines or similar instruments issued by the Ministry of Health and/or

other relevant Government Ministries and/or Departments from time to time shall apply
in addition to these Guidelines.

Purpose of the Guidelines

5. The purpose of these Guidelines is to provide for the safety and health of persons at
work and workplace and for the protection of persons other than persons at the
workplace against hazards to safety and health arising out of or in connection with the
activities of persons in the workplace during the Coronavirus (COVID – 19) Pandemic.

Administrative measures
6. An employer shall-
1) set up a functional safety and Health committee as per the provisions of the
Occupational Safety and Health Act, 9 of 2001 (OSH Act), which should have
an equal number of representatives both from management and employees;

2) undertake a risk assessment to give effect to the minimum measures required by

these guidelines considering the specific circumstances of the workplace;

3) make available to an inspector a risk assessment plan together with a written

safety policy. These documents should be developed in collaboration with the
workers and through Safety and Health Committees where the provisions of (1)
apply;
 4) notify all workers of the contents of these guidelines and the manner in which
employer intends to implement the guidelines;

5) ensure that the measures required by these guidelines and its risk assessment
plan are strictly complied with through monitoring and supervision;

6) as far as practicable, minimize the number of workers at the workplace at any

given time through rotation, staggered working hours, shift systems, remote
working arrangements or similar measures in order to achieve social distancing;

7) take measures to minimize contact between workers as well as between workers

and members of the public; and

8) provide workers with information that raises awareness in any form or manner,
including where reasonably practicable leaflets and notices placed in
conspicuous places in the workplace informing workers of the dangers of the
virus, the manner of its transmission, the measures to prevent transmission such
as personal hygiene, social distancing, use of masks, cough etiquette and where
to go for screening or testing if presenting with the symptoms;

7. If a worker has been diagnosed with COVID-19, an employer shall-

1) after receipt of results inform the Ministry of Health and the Chief Inspector
immediately;

2) investigate the cause of the coronavirus in consultation with the Ministry of

Health and Chief Inspector;

3) review its risk assessment to ensure that the necessary controls and PPE
requirements are in place; and

4) give administrative support to any contact-tracing measures implemented by the

Ministry of Health.

Safety and Health measures

Social distancing
8. An employer shall arrange or organise the workplace to ensure minimal contact
between workers and as far as practicable ensure that there is a minimum of one and a
half (1.5) metres between workers while they are working and during the course of
employment.

9. Depending on the circumstances of the workplace or the nature of the sector, the
minimum distance may need to be longer and reducing the number of workers present
in the workplace at any time may assist in achieving the required social distancing.

10. If it is not practicable to arrange work stations to be spaced at least one and a half (1.5)
metres apart, the employer shall-
1) arrange physical barriers to be placed between work stations or erected on work
stations to form a solid physical barrier between workers while they are
working; or
 2) if necessary, supply the employee free of charge with appropriate Personal
Protective Equipment (PPE) based on a risk assessment of the working place.
11. An employer shall ensure that social distancing measures are implemented through
supervision both in the workplace and in the common areas outside the immediate
workplace through queue control or within the workplace such as canteens and
lavatories. These measures may include dividing the workforce into groups or
staggering break-times to avoid the concentration of workers in common areas.

Symptom screening
12. An employer shall take measures to-
1) screen any worker, at the time that they report for work, to ascertain whether
they have any of the observable symptoms associated with COVID-19,
namely-
a) fever;
b) cough;
c) sore throat;
d) redness of eyes; or
e) shortness of breath (or difficulty in breathing);

2) require every worker to report whether they suffer from any of the following
additional symptoms:
a) body aches;
b) loss of smell or loss of taste;
c) nausea;
d) vomiting;
e) diarrhoea;
f) fatigue;
g) weakness; or
h) tiredness; and

3) require workers to immediately inform the employer if they experience any of

the symptoms in sub-section 1 and 2 while at work or during the course of
employment.

13. An employer shall, in line with the guidelines issued by the Ministry of Health
undertake-
1) symptom screening; and

2) if required in addition to do so, medical surveillance and testing.

14. If a worker presents with symptoms of COVID - 19, or advises the employer of these
symptoms, the employer shall-
1) not permit the worker to enter the workplace or report for work; or

2) if the worker is already at work immediately-

a) isolate the worker, provide the worker with a FFP2 surgical mask and
arrange for the worker to be transported in a manner that does not place
other workers or members of the public at risk either to be self-isolated
or for a medical examination or testing; and
 b) assess the risk of transmission, disinfect the area and the worker’s
workstation, refer those workers who may be at risk for screening and
take any other appropriate measure to prevent possible transmission;

3) ensure that the worker is tested or referred to an identified testing site; and

4) ensure that the employee is not discriminated and stigmatized on grounds of

having tested positive for COVID-19.

15. If a worker has been diagnosed with COVID-19 and isolated in accordance with the
Ministry of Health Guidelines, an employer shall allow a worker to return to work on
the following conditions-
1) the worker has undergone a medical evaluation confirming that the worker has
been tested negative for COVID-19;

2) the employer ensures that personal hygiene, wearing of masks, social

distancing, and cough etiquette is strictly adhered to by the worker; and

3) the employer closely monitors the worker for symptoms on return to work.

Sanitizers, disinfectants and other measures

16. For the purposes of these guidelines, a hand sanitizer shall contain an alcohol content
of at least 70% and be in accordance with the recommendations of the Ministry of
Health.

17. An employer shall, free of charge, ensure that-

1) there are sufficient quantities of hand sanitizer based on the number of workers
or other persons who access the workplace at the entrance of, and in, the
workplace which the workers or other persons are required to use;

2) every employee who works away from the workplace, other than at home, must
be provided with an adequate supply of hand sanitizer.

18. If a worker interacts with the public, the employer shall provide the worker with
sufficient supplies of hand-sanitizer at that worker’s workstation for both the worker
and the person with whom the worker is interacting.

19. An employer shall take measures to ensure that-

1) all work surfaces and equipment are disinfected before work begins, regularly
during the working period and after work ends;

2) all areas such as toilets, common areas, door handles, shared electronic
equipment are regularly cleaned and disinfected; and

3) biometric systems are disabled or COVID-19 proof.

20. An employer shall ensure that-

1) there are adequate facilities for the washing of hands with soap and clean water;
 2) only paper towels are provided to dry hands after washing – the use of fabric
towelling is prohibited;

3) the workers are required to wash their hands and sanitize their hands regularly
while at work;

4) the workers interacting with the public are instructed to sanitize their hands
between each interaction with public; and

5) surfaces that workers and members of the public come into contact with are
routinely cleaned and disinfected.

Cloth masks
21. The main benefit of everyone wearing a cloth mask is to reduce the amount of virus
droplets being coughed up by those with the infection and transmitted to others and to
surfaces that others may touch. Since some persons with the virus may not have
symptoms or may not know that they have it, the Ministry of Health guidelines require
that all persons wear cloth masks when in a public place.

22. An employer shall, in line with the Ministry of Health requirements-

1) provide each of its employees, free of charge, with a minimum of two cloth
masks, which comply with the requirement set out in the Guidelines issued by
the Ministry of Health for the employee to wear while at work and while
commuting to and from work; and

2) require any other worker to wear masks in the workplace.

23. The number and replaceability of cloth masks that must be provided to an employee or
required of other workers must be determined by the work being carried out or worker’s
conditions of work, in particular, where these may result in the mask becoming wet or
soiled.

24. An employer must ensure that workers are informed, instructed, trained and instructed
as to the correct use of cloth masks.

25. An employee shall ensure that the mask is washed, dried and ironed after use.

26. The general requirement for workers to wear masks does not derogate from the fact
that, where a risk assessment indicates that PPE is required, those categories of workers
must be provided with the accredited PPE in accordance with Ministry of Health
guidelines.

Measures in respect of workplaces to which public have access

27. The principal purpose of the measures contained in this clause is to protect workers
from being exposed to the virus through their interaction with the public and to protect
members of the public from being exposed to virus through their interaction with
workers or other persons present in such a workplace.

28. Depending on what is reasonably practicable given the nature of the workplace, every
employer shall-
 1) arrange the workplace to ensure that there is a distance at least one and a half
(1.5) metres between workers and members of the public or between members
of the public;

2) put in place physical barriers or provide workers with face shields;

3) if appropriate, undertake symptom screening measures of persons other than the

employees entering the workplace with due regard to available technology and
any guidelines issued by the Ministry of Health;

4) if appropriate, display notices advising persons other than employees entering

the workplace of the precautions they are required to observe while in the
workplace;

5) require members of the public, including suppliers, to wear masks when inside
their premises.

Ventilation
29. An employer shall-
1) keep the workplace well ventilated by natural or mechanical means to reduce
the SARS-CoV-2 viral load;

2) where reasonably practicable, have an effective local extraction ventilation

system with high-efficiency particulate air HEPA filters, which is regularly
cleaned and maintained, and its vents do not feedback in through open windows;
and

3) ensure that filters are cleaned and replaced in accordance with the
manufacturer’s instructions by a competent person.

Other Personal Protective Equipment

30. An employer shall check regularly on the websites of the Ministry of Health and
Ministry of Labour and Social Security whether any additional PPE is required or
recommended in any guidelines given the nature of the workplace or the nature of a
worker’s duties.

Workers’ rights and obligations

31. An employee shall comply with measures introduced by their employer as required by
the Occupational Safety and Health Act, these guidelines and any applicable
instruments.

32. An employee may remove himself from a work situation that he has reasonable
justification to believe presents an imminent and serious risk to his safety and health
and the employer shall immediately investigate the situation paying particular attention
to the safety and health of the employees, and if there is disagreement between an
employee and the employer, the matter shall immediately be referred by either party to
the Chief Inspector. When an employee exercises this right, he shall be protected from
any undue consequences.
Lodging a complaint or resolving a dispute
33. Employers and employees are encouraged to try to resolve their concerns or disputes
internally and if concerns or disputes remain unresolved, such may be lodged with the
Chief Inspector.

34. Any urgent matter, issue and/or report may be addressed to the Chief Inspector at
min_labour@gov.sz

Enforcement
35. An inspector designated in terms of section 4 of the Occupational Safety and Health
Act may visit any workplace to determine compliance with these guidelines, the
Occupational Safety and Health Act and/or any applicable instrument intended to
address the coronavirus pandemic.  

________________________________
Makhosi C. Vilakati (MP)
Minister for Labour and Social Security