Employers of domestic workers are subject to the health and safety requirements in terms of the Occupational Health and Safety Act 66 of 1995, as amended (“OSHA”).

On 29 September 2020, the Minister of Labour Gazetted Guidelines in respect of the steps that should be taken by employers who return to work including on how to take “reasonably practicable” steps to protect domestic workers from COVID-19 as is required in terms of OHSA A copy of the guidelines is available here.

Employers should take the following steps:-

• Advise domestic workers of the symptoms of coronavirus and the personal hygiene requirements necessary to prevent its spread. Useful free hygiene posters in all eleven official languages are available here http://health.gov.za/covid19/downloads.html?type=posters

• Require domestic workers to wear a cloth mask or other appropriate mask at all times and provide such masks. Also provide hand-sanitizers (alcohol content of at least 70%) and ensure that frequently touched surfaces are regularly disinfected including door handles, counter tops and the like.

• Ensure appropriate social distancing where possible and that there is appropriate ventilation (including by opening windows and doors).

• Screen domestic workers daily for observable symptoms of COVID-19 including fever, cough, sore throat, redness of eyes or shortness of breath (or difficulty in breathing). This will include conducting a temperature check upon arrival at the household.

• Require domestic workers to immediately report whether they are suffering any of the above symptoms or any of the following additional symptoms: body aches, loss of smell or loss of taste, nausea, vomiting, diarrhea, fatigue, weakness or tiredness.

• Require the domestic worker to immediately report if they have come into contact with someone who has tested positive for COVID-19.

• If the domestic worker shows any of these symptoms or has come into contact with a person who has COVID-19:
  
  • do not permit him/her to enter the household;
    
  • If he/she is already at work, arrange for him/her to be transported to a place where he/she can self-isolate in a manner that will prohibit additional transmissions (public transport must be avoided);
    
  • ensure that the domestic worker is tested for COVID-19 or referred to a testing facility (free tests are available at certain government hospitals and other sites set up for that purpose. A list is available at https://www.nicd.ac.za).
    
  • place the domestic worker on paid sick-leave for ten days or, if sick leave entitlements are exhausted, utilize UIF benefits to ensure that the domestic worker continues to receive payment;
    
  • only allow the domestic worker to return to work after fourteen days and when he/she has tested negative for COVID-19.

• It goes without saying that if there is an infected person in the household (who cannot be isolated in a separate part of the house without contact with others) the domestic worker must be advised not to attend the workplace and to continue to monitor himself/herself for symptoms at home. This should take place for a period of ten days. Where there has been direct contact with a person who has become infected with COVD-19, the domestic worker must similarly be required to self-isolate.