shed light on the global trends relating to Covid-19, noting that in December there was a 25% increase in new cases and a 12% increase in deaths globally compared to November. The countries with the highest number of new cases were Japan, South Korea, the US, China and Brazil.
Where does this leave existing Covid-19 and vaccination policies? To answer this we need to look at the legislative framework within which employers are required to operate. From a broad perspective, the Occupational Health & Safety Act places an obligation on employers to provide and maintain, as far as reasonably possible, a working environment that is safe and without risk to the health of its employees.
These regulations place an obligation on employers to identify such agents that could potentially affect employees, assess the risk associated therewith, and put control measures in place to mitigate or control these risks. In this regard the regulations require employers to conduct appropriate risk assessments and prepare action plans in respect of any risks identified.
While the code of practice is merely a guideline and represents best practice, the regulations are legally binding in terms of the Occupational Health & Safety Act. This means an employer’s obligation to conduct Covid-related risk assessments has not fallen away, and employers should at the least be monitoring the situation to determine whether there is a potential or actual effect on health and safety in their workplaces.