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Business Could Face Fines For Not Reporting Covid-19 Cases

Someone getting a Covid-19 test

Businesses have had to adapt to the ‘new normal’. However, the Department of Labour could fine you for not adapting fast enough when it comes to the health and safety of your staff. 

Businesses have had to adjust the way they work. This includes staff having to work on alternative days from home and at the office. The current lockdown regulations also dictate how many people are allowed to be in a specific place.   

The Department of Employment and Labour’s Chief Inspector Tibor Szana says that businesses that employ more than 50 people must submit a record of its risk assessment, to its health and safety committee and keep a written copy of that risk assessment, plan and policy.

Below is a list of things that need to be shared with the National Institution for Occupational Health (NIOH) before Tuesday each week

  • Details of the COVID -19 screening of employees who are symptomatic;
  • Details of employees who test positive in terms of a positive laboratory test;
  • The number of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive; 
  • Details on the post-infection outcomes of those testing positive, including the return to work assessment outcome.

Chief Inspector Szana says that employers are responsible for informing their employees that their information will be processed and submitted to the (NIOH). This is to ensure adherence to the PoPI Act, 2013 (Act No.4 of 2013).

“It is therefore a contravention not to comply with the Direction published by the Minister of Employment and Labour and is punishable by up to R100 000 or two years’ imprisonment or both in the case where an employee becomes injured or dies," Szana explained. 

In order for businesses to process the required data, they must register on the Occupational Health Surveillance Systems (OHSS) Web Portal at by clicking HERE.

More information on the OHSS can be found at by clicking HERE.

The laws discussed above are applicable during a national state of disaster. Last week the Minister of Cooperative Governance and Traditional Affairs (CoGTA) Dr  Nkosazana Dlamini Zuma gazetted a law extending the state of disaster to November 15, 2021.

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