Media Release: Alert Level 3 Regulations – Business who are allowed to operate

For immediate release
15 June 2020

Monday, 01 June 2020 marked the date when South African entered lockdown alert level 3 which introduced a host of new regulations on what citizens can and cannot do.  According to the regulations of alert level 3, certain adjustments were made to the previous lockdown rules, however the state of national lockdown still continues until the curve has been flattened and the infection rate has been minimised for a sustained period.

More than eight million people have returned to their respective workplaces and in terms of the Alert Level 3 Lockdown Regulations set out in section 27(2) of the Disaster Management Act, 2002, gazetted Thursday, 28 May 2020.

Operation of economic and public sector 

All economic sectors are permitted to operate, except for high-risk activities that remain restricted.

According to section 27(2) of the Disaster Management Act, 2002, gazetted Thursday, 28 May 2020, number 46 operations are subject to certain social distancing measures that may limit the number of employees in the workplace at any given time.

• Businesses and other institutions may operate except those set out in Table 2 (listed below).
• Businesses and other institutions with more than 100 employees must, where possible, make provision for minimising the number of employees 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 and to limit congestion in public transport and at the workplace.
• Relevant health protocols and social distancing measures for persons employed in private residences must be adhered to.
• Relevant health protocols and social distancing measures set out in directions must be adhered to, in addition to the occupational health and safety directions issued by the Cabinet member responsible for employment and labour and applicable labour legislation.
• Employers must implement measures for employees who are over 60 or those with co- morbidities to facilitate their safe return to work, which may include special measures at the work place to limit employees’ exposure to COVID -19 infection and where possible that the employees work from home.
• Construction, manufacturing, business and financial services firms with more than 500 employees must finalise appropriate sector or workplace arrangements or compacts to address the following:
  1. provide, or arrange transport to their employees coming to site, or, where this is not possible. consider staggered working time arrangements to reduce congestion in public transport;
  2. stagger the return to work of employees to ensure workplace readiness and avoid traffic congestion during peak travel times as a result of the return to work;
  3. screen employees daily for symptoms of COVID -19 and refer the employees who display symptoms for medical examination and testing where necessary; and
  4. submit data collected during the screening and testing process to the Director -General: Health.
• (a) The relevant sector or industry body, if such a body exists, must, in the event of high health risks, develop sector -specific health protocols which must include provisions to limit the spread of COVID -19 in the sector concerned and provide for those circumstances where a firm cannot operate staggered working hours or provide transport to its employees.

(b) The sector -specific health protocols referred to in paragraph (a) must be developed in consultation with the Department of Health.

Specific Economic Exclusions:

1. Consumption of food and beverages at or in a place of sale, including restaurants retail outlets, convenience stores or informal traders.
2. On -site consumption of liquor.
3. Short term home -sharing /letting /leasing /rental for leisure purposes.
4. Domestic passenger air travel for leisure purposes until directions with health protocols and social distancing measures are issued by the relevant Cabinet member responsible for transport.
5. Passenger ships for leisure purposes.
6. Conferences and events, including sporting events, except as provided for in Chapter 4 of the Regulations.
7. Personal care services, including hairdressing, beauty treatments, make -up and nails salons and piercing and tattoo parlours, except those categories of services identified in directions by the relevant Cabinet member, in consultation with the Cabinet member responsible for health, as safe to resume, under specified conditions.
8. Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
9. Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.
10. Tourist attractions, casinos and entertainment activities, except those categories of activities which the relevant Cabinet members, in consultation with the Cabinet member responsible for health, identified in directions as safe to resume under specified conditions.