Media Release: Alert Level 4 Regulations – Businesses who are allowed to operate

For Immediate Release
19 May 2020

Alert Level 4 Regulations – Business who are allowed to operate

A Risk-Adjusted Strategy based on a “deliberate and cautious approach to ease lockdown restrictions” is currently still in place in South Africa.  As from 1 May 2020, lockdown restrictions were eased from an alert level 5, to an alert level 4 during which a number of non-essential businesses were permitted to open, with the condition that they implement a number of measures to stop the spread of COVID-19.

Alert level 4 simply means that South Africa now embark on a staged re-opening of its economy; that some identified services and activities may resume under strict regulations, subject to extreme precautions required in order to limit community transmission and outbreaks.

According to the Disaster Management Act:  Regulations, alert level 4 gazette on 29 April 2020 no 43258; the following businesses are allowed for the time being:

AGRICULTURE, HUNTING, FORESTRY AND FISHING:

All agriculture, hunting, forestry, fishing and related services, including the export of agricultural products permitted.  Essential fishing operations, horticulture, forestry and beekeeping.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part A

ELECTRICITY, GAS AND WATER SUPPLY

All electicity, gas and water supply is permitted.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part B

MANUFACTURING

Manufacture of wholesale and retail products permitted to be sold under Alert level 4, all input products, permitted scaling up to full employment except where otherwise indicated, and subject to strict health protocols.

Manufacture of paper and paper products; plastics and packaging, including glass; ect.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part C

CONSTRUCTION AND RELATED SERVICES:

Civil engineering for public works projects, critical public works construction, road and bridge projects and other public works civil engineering projects. Critical maintenance and repairs are also allowed.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part D

WHOLESALE & RETAIL TRADE, COVERING STORES, SPAZA SHOPS, ECOMMERCE AND INFORMAL TRADERS

Food products, including non-alcoholic beverages and animal food.  The sale of hot cooked food, only for home delivery.   Toiletries, cleaning, protective, baby care, children’s clothes.  Stationery & educational books, winter clothing, bedding heating and medical suppliers.  Fuel, coal, wood, gas, car sales, e-commerce, hardware supplies, ect.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part E

INFORMATION AND COMMUNICATION SERVICES

All telecommunication services and infrastructure; information and communication technology services for all private and business customers; and postal services and courier services for all products and services allowed under Level 4.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part F

MEDIA AND ENTERTAINMENT SERVICES

Online services; productions for local broadcast; and live streaming of “the creative sector” in support of Covid-19; and newspapers and broadcasting.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part G

FINANCIAL AND BUSINESS SERVICES

If possible, work from home, Banks, the “payments” sector, insurers, savings and investment companies, medical schemes and outsourced administration are among the sectors that can operate. Private security services, call centre’s, essential financial services and payroll-related workers. Other professional services may operate only where work-from-home is not possible, and only to support other Level 4 services.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part H

ACCOMMODATION & FOOD SERVICES 

Accommodation not permitted, except for quarantine and essential services. Food delivery between 9am – 7pm, subject to curfew; no sit-down and no pick-up allowed.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part I

TRANSPORT & LOGISTICS, STORAGE AND COMMUNICATION SERVICES PERMITTED

Ocean, rail, road and air transport of goods permitted only for activities set out in Regulation 22(1). Cargo for domestic & other countries based on essential goods and level 4 services.  E-hailing services subject to restrictions on capacity and times.  Public rail, minibus taxi and bus services will resume at Alert Level and on terms as set out in Directions. Transport and logistics in respect of specified cargo specified in J1.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part J

MINING AND QUARRYING

Coal production for Eskom scaling up to full employment.  All other mining starting in batches scaling up towards 50% employment. Open-cast mining scaling up to a baseline of 50% and thereafter scaling up to full employment.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part K

REPAIR AND RELATED EMERGENCY SERVICES PERMITTED

Tow trucks and vehicle recovery services.  Emergency repair work including plumbers, electricians, locksmiths, glaziers and roof repair work.  Emergency automobile repairs for all persons.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part L

SUPPLY CHAINS

Production, manufacturing, supply, logistics, transport, delivery, critical 1 maintenance and repair in relation to the rendering of permitted services including components and equipment.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part M

PRIVATE HOUSEHOLDS EMPLOYMENT

Live-in staff, and staff providing care to the sick, mentally ill, elderly, people with disabilities and children.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part N

PUBLIC ADMINISTRATION, GOVERNMENT SERVICES AND OTHER ARMS OF THE STATE

Only essential government and administration services may operate.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part O

HEALTH, SOCIAL AND PERSONAL SERVICES

All medical and veterinary services.  Cleaning, sanitation, pest control, sewerage, waste and refuse removal services.  All social work, counselling, services supporting gender based violence, care and relief activities permitted.  Wildlife management, anti-poaching, animal care and veterinary services.  Funeral and cremation services.  Trade union essential staff for workers covered by Alert Level 4.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part P

EDUCATION SERVICES

Permitted on dates and schedules set out separately.

Regulations Gazetted on the 29^th of April 2020 no. 43258, Table 1, Part Q

The regulations also outlined the conditions and restrictions of the alert level 4 lockdown, and placed a number of obligations on employers engaged in essential and permitted services to contain the spread of COVID-19.  Prior to operating from their premises, businesses must develop a “COVID-ready” workplace plan in terms of Regulation 16. According to the guideline provided in Annexure E of the Regulations, there are a number of requirements that the workplace plan must comply with. It should also be visible and retained for inspection purposes.  In addition to the workplace plan, businesses must designate a COVID-19 Compliance Officer to oversee the implementation of the plan and to ensure adherence to the standards of hygiene and health protocols at each workplace (office/location).

Under these guidelines, returning employees must wear masks at work. Employers must also require members of the public entering a workplace to wear masks.  Employers must provide each employee, free of charge, with at least two cloth masks to wear while at work or commuting.

The employees with COVID-19 symptoms must not be at work and employers must grant paid sick leave or apply for COVID-19 temporary employee/employer Relief Scheme (TERS) benefits.  Measures must be taken to minimise the contact between workers and between workers and the public in order to prevent transmission.  The number of workers in the workplace must also be minimised through shift or working arrangement to achieve social distancing.

Employers are also required to report any diagnosis of COVID-19 at work to the Health Department and the Labour Department of Employment and, investigate the cause, and take appropriate measures.

Social distancing

With regard to social distancing, workplaces must be arranged to ensure a minimum of 1.5 meters between workers.  If this is not practicable, physical barriers must be erected and workers must be supplied free of charge with appropriate Personal Protective Equipment (PPE). Social distancing must be implemented in all common areas in and around the workplace to prevent crowding, including working spaces, canteens and meeting rooms.

Screening

In relation to screening, employers must screen workers for symptoms of COVID-19 at the time that they report for work.  Workers with symptoms must be placed in isolation and arrangements made for their safe transport for a medical examination or for self-isolation.  Employees who recover from COVID-19 may return to work after a medical evaluation and subject to ongoing monitoring, in line with instructions of the Department of Health.

Sanitisers and disinfectants

Employers are also required to provide sufficient quantities of hand sanitiser with at least 70% alcohol content. Communal and shared equipment must be regularly cleaned and disinfected.

 Enforcement by labour inspectors

In relation to enforcement, labour inspectors are empowered to promote, monitor and enforce compliance with the directives. Failure to comply with the directives may result in the closure of contravening businesses.