NEWSLETTER OHS-2-20221 February 2022 – 8 April 2022

NEWSLETTER OHS 2 2022
1 February 2022 – 8 April 2022

HEALTH & SAFETY LEGISLATION

REGULATIONS

Disaster Management Act 57 of 2002

AMENDMENT OF REGULATIONS (COVID-19)

The Minister of Cooperative Governance and Traditional Affairs, amended the following Regulations under the Disaster Management Act regarding COVID-19:

• Regulations 67 – Mandatory protocols when in a public place
• Regulation 69 – Gatherings
• Regulation 75 – Partial re-opening of borders
• Chapter 8 – COVID-19 Vaccine Injury no-fault compensation scheme

Published under Government Notice R. 1986, Government Gazette 46195 of 4 April 2022.

Occupational Health & Safety Act 85 of 1993

HAZARDOUS BIOLOGICAL AGENTS REGULATIONS, 2022

The Minister of Employment and Labour made the Hazardous Biological Agents Regulations, 2021, which was published under Government Notice R. 1887, Government Gazette 46051 of 16 March 2022.

NOTICES

Disaster Management Act 57 of 2002

TERMINATION OF NATIONAL STATE OF DISASTER (COVID-19)

The Minister of Cooperative Governance and Traditional Affairs terminated the national state of disaster which was declared on 15 March 2020. All regulations and directions made in terms of section 27(2) of the Act pursuant to the declaration of the national state of disaster to deal with COVID-19, were repealed with immediate effect, save for the following:

a) Regulation 67 – Mandatory protocols when in a public place
b) Regulation 69 – Gatherings
c) Regulations 75 – Partial re-opening of borders
d) Directions which provide for Social Relief of Distress Grant
e) Directions which provide for the extension of the validity period of a learner’s license, driving license card, license disc, professional driving permit and registration of a motor vehicle; and
f) The Regulations in Chapter 8 and the Directions in terms thereof, which provide for a COVID-19 Vaccine Injury No-Fault Compensation Scheme.

The regulations and directions in (a) to (e) above shall continue to operate for a period of one month from 4 April, whereupon they will automatically lapse.

The regulations and Directions referred to in (f) will continue to operate and be in force until terminated in terms of Regulation 100 of Chapter 8.

Published under Government Notice R. 1988, Government Gazette 46197 of 4 April 2022

DIRECTIONS ON THE ESTABLISHMENT OF A COVID-19 VACCINE INJURY NO-FAULT COMPENSATION SCHEME

The Minister of Health published Directions on the establishment of the COVID-19 Vaccine Injury No-Fault Compensation Scheme, in terms of Chapter 8 of the Regulations made under the Disaster Management Act 57 of 2002. The directions came into effect on 4 April 2022. Published under Government Notice 1987, Government Gazette 46196 of 4 April 2022.

REVOCATION OF THE CLASSIFICATION OF THE COVID-19 PANDEMIC AS A NATIONAL DISASTER

The Head of the National Disaster Management Centre gave notice that the National Disaster Management Centre revoked the classification of the COVID-19 pandemic as a national disaster. Published under Government Notice R. 1992, Government Gazette 46199 of 5 April 2022.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

ANNUAL INCREASE IN MEDICAL TARIFFS FOR MEDICAL SERVICES PROVIDERS

The Minister of Employment & Labour prescribed the scale of Fees for Medical Aid, w.e.f 1 April 2022. Medical Tariffs increase for 2022 is 0 %. Published under –

General Notice 921, Government Gazette 46121 of 31 March 2022.
General Notice 922, Government Gazette 46122 of 31 March 2022
General Notice 923, Government Gazette 46123 of 31 March 2022
General Notice 925, Government Gazette 46129 of 31 March 2022 – Chiropractor Gazette
General Notice 926, Government Gazette 46130 of 31 March 2022 – Social Worker and Psychology Gazette
General Notice 927, Government Gazette 46131 of 31 March 2022 – Dental Gazette
General Notice 935, Government Gazette 46139 of 31 March 2022 – Wound care and Blood Services Gazette
General Notice 936, Government Gazette 46140 of 31 March 2022 – Dietician and Radiography Gazette
General Notice 939, Government Gazette 46150 of 31 March 2022 – Doctors Gazette
General Notice 940, Government Gazette 46156 of 31 March 2022 – Speech Therapy, Audiology and Optometry Gazett

GENERAL LEGISLATION

REGULATIONS:

Cross-Border Road Transport Act 4 of 1998

REVISED FEE ADJUSTMENTS, 2022

The Cross-Border Road Transport Agency published the adjusted prescribed application fee and permit fee in terms of Regulations 7(5) and 7(6) of the Cross-Border Road Transport Act Regulations, 2014. The fee adjustments will be effective from 1 April 2022. Published under General Notice 860, Government Gazette 45989 of 1 March 2022.

Non-Proliferation of Weapons of Mass Destruction Act 87 of 1993

CODE OF CONDUCT FOR PERSONS INVOLVED IN CONTROLLED NON-PROLIFERATION ACTIVITIES

The South African Council for the Non-Proliferation of Weapons of Mass Destruction issued the Code of Conduct for persons involved in controlled non-proliferation activities. Published under Government Notice R. 1919, Government Gazette 46081 of 25 March 2022.

HEALTH LEGISLATION

REGULATIONS:

Veterinary and Para-Veterinary Professions Act 19 of 1982

REGULATIONS RELATING TO VETERINARY AND PARA-VETERINARY PROFESSIONS: AMENDMENT

Table 1 of the existing regulations regarding “Fees payable” was amended and published under Government Notice 893, Government Gazette 46059 of 18 March 2022 as well as General Notice 958, Government Gazette 46211.

NOTICES:

Health Professions Act 56 of 1974

RULES RELATING TO THE REGISTRATION BY MEDICAL PRACTITIONERS AND DENTISTS OF ADDITIONAL QUALIFICATIONS: AMENDMENT

The Health Professions council of South Africa amended the abovementioned rules, which were published under Board Notice 224, Government Gazette 46032 of 11 March 2022.

National Health Act 61 of 2003

REGULATIONS RELATING TO THE SURVEILLANCE AND THE CONTROL OF NOTIFIABLE MEDICAL CONDITIONS: AMENDMENT

The Minister of Health intends to amend the abovementioned regulations. Interested persons are invited to submit within 30 days from the date of publication of the Notice, written comments to Tsakani.furumele@health.gov.za. Published under Government Notice 1882, Government Gazette 46048 of 15 March 2022.

REGULATIONS RELATING TO THE MANAGEMENT OF HUMAN REMAINS

The Minister of Health intends to make the Regulations relating to the management of Human Remains. Interested persons are invited so submit within 30 days from the date of publication of the notice in the Gazette, substantiated comments on the proposed regulations, to the firector-General, Department of Health, at Daniel.nkuna@health.gov.za. Published under Government Notice 1884, Government Gazette 46048 of 15 March 2022.

International Health Regulations Act 28 of 1974

REGULATIONS RELATING TO PUBLIC HEALTH MEASURED IN POINTS OF ENTRY

The Minister of Health intends to make the Regulations relating to public health measures in points of entry. Interested persons are invited to submit within 30 days from the date of publication of the Notice in the Gazette, to the Director-General, Department of Health at Funeka.Bongweni@health.gov.za. Published under Government Notice 1883, Government Gazette 46048 of 15 March 2022.

LABOUR LEGISLATION

NOTICES

National Minimum Wage Act 9 of 2018

AMENDMENT OF NATIONAL MINIMUM WAGES

The Minister of Employment and Labour amended the national minimum wages contained in Schedule 1 and Schedule 2 of the Act, published in the Government Gazette 44136 of 8 February 2021. The amendment became binding on 1 March 2022. Published under Government Notice 1732, Government Gazette 45882 of 7 February 2022.

Labour Relations Act 66 of 1995

CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE, 2022

The Minister of Employment and Labour issued the abovementioned Code of Good Practice in terms of section 203(2A) of the Labour Relations Act 66 of 1995 w.e.f the date of lapsing of the Declaration of a National State of Disaster declared under GN313 of 15 March 2020. Published under Government Notice R.1876, Government Gazette 46043 of 15 February 2022.

Employment Equity Act 55 of 1998

THE CODE OF GOOD PRACTICE ON THE PREVENTION AND ELIMINATION OF HARASSMENT IN THE WORKPLACE

The Minister of Employment and Labour repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace, 2005, which was published under GN 1357 on 4 August 2005 and replaced it with the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. This Code will be effective from the date of the publication of the notice in the Gazette. Published under Government Notice R.1890, Government Gazette 46058 of 18 March 2022.

Sources

Our sincere gratitude to the following valuable sources:

SA Government Online Information Services
IOL
DOL
DOH
DOA
Sabinet