- An employer is obliged in terms of the Occupational Health and Safety Act 85 of 1993 read together with Employment Equity Act 55 of 1998, to maintain a safe and hazardous free working environment. In maintaining such a condition, the employees are also affected by such.
- If the employee compromises the statutory obligation of the employer, the employer can refuse such an employee access to the workplace.
- In addition, the employer can force the employee to undergo Covid-19 test in order to meet his statutory obligation in maintaining a safe working environment.
- In terms of the South African Information Regulator, a person who has tested positive, has a duty to disclose his status to the government. This would enable the government to take appropriate steps to fight the spread of the corona virus.
- It is clear from the above that the employer can refuse an employee who refuses to be tested, access to the workplace.
- Yes, in line with the South African Information Regulator, an employer can force an employee to undergo a Covid-19 test.
Johannes Mokotedi, Van Velden-Duffey Inc
