Covid-19 Lockdown Frequently Asked Questions - WRSA
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Covid-19 Frequently Asked Questions (FAQ) Disclaimer: This document is a guideline of best practices and a living document. The opinions expressed are in good faith and while every care has been taken in preparing these answers to frequently asked questions, Agri SA makes no representations and gives no warranties of whatever nature in respect of these responses, including but not limited to the accuracy or completeness of any information, facts and/or opinions contained therein. Agri SA, its affiliates, the directors, and employees cannot be held liable for the use of and reliance on the opinions contained in these documents. Members are encouraged to take all possible precautions to protect themselves and their employees from the coronavirus and to ensure that they comply with the law. It must be noted that regulations are amended and new regulations are still being promulgated, therefore this information is subject to change. Question Answer 1. Do our workers need permits Yes. A Permit to Perform Essential Services. This permit was to travel to and from the farm? published in Government Gazette, No. 43147, Vol. 657 on 25 March 2020. See Regulation 11B (3) Form 1 in Annexure C. This template was published by Government and Agri SA designed a similar template that can also be used. 2. Are rotational staff allowed to Yes, with the presentation of a permit letter from employer/business leave farms between shifts and Identity document. Public transport has been halted. According and will public transport be to Regulation 11C(2), the employer must make the necessary allowed to transport them? transport arrangements. 50% of the licensed capacity of the vehicle may not be exceeded if it is a taxi or bus if it is a private vehicle, 60%.
3. Can the informal traders continue to trade food Yes, this is deemed an essential service. Government Gazette no.: products? 43147 issued on 25 March 2020 (section 6.5.2 (a)(vi)) 4. What happens to farmworkers If the farming activity is food production or is involved in harvesting during the 21-day lockdown? and storage essential to prevent the wastage of primary agricultural products, the worker can continue working as this is deemed an essential service. Government Gazette no.: 43168 issued on 26 March 2020 – Annexure B to regulations 5. Can farmworkers move to and Yes, if involved in food production or involved in harvesting and from the workplace? storage aimed at the prevention of wastage of primary agricultural products and with the presentation of a permit letter from employer/business and ID. 6. How do I repair equipment Support services to essential businesses are deemed an essential without buying new spares? service so one should still be able to access this service. 7. Can testing for the If the employer has a thermometer/screening instrument available coronavirus be done on a farm at their disposal, they may conduct screening tests at work. if an employee displays any If an employee has a high temperature, they should be isolated. symptoms? The hotline number 0800 029 999 must be called immediately if someone is suspected of carrying the virus. 8. Where do we get masks and Masks are not necessary, but a necessary precautionary measure is the employer liable if staff for all workers and management deemed essential. According to are transported without the World Health Organisation: If you are healthy, you only need to masks? wear a mask if you are taking care of a person with the suspected 2019-nCoV infection. Wear a mask if you are coughing or sneezing. Masks are effective only when used in combination with frequent hand-cleaning with alcohol-based hand rub or soap and water.
If you wear a mask, then you must know how to use it and dispose of it properly 9. Are we able to travel freely to Yes, with the presentation of a permit letter from take produce to market? employer/business and ID. 10. Do we require permits to A Permit to Perform Essential Service move/travel to our suppliers? Regulation 11b (3) template was published by Government Gazette No. 43147 Vol. 657 on 25 March 2020. Agri SA designed a template that can also be used. 11. How do we go about getting A Permit to Perform Essential Service authorisation for essential Regulation 11b (3) template was published by Government members of staff to travel to Gazette No. 43147 Vol. 657 on 25 March 2020. Agri SA designed a and from our farm? template that can also be used. 12. Can I keep my business open Support services to essential businesses are deemed an essential to provide a service to the service and should be able to continue. agriculture sector by supplying tractors and implement spares to the farmer and mechanics? 13. How do farmers continue to By practising social distancing and good hygiene as communicated keep the operation running by Agri SA. without any physical contact with others? 14. How does one honour financial monthly There will be UIF and PAYE relief, we expect more information commitments? from the government as time progresses. 15. Are co-ops also on lockdown? No, it is deemed an essential service so one should still be able to access this service.
16. I need to buy a new tyre for my truck because it is This is deemed an essential service so one should still be able to irreparable? access this service. 17. Are people able to buy live chickens and produce off- This is deemed an essential service so one should still be able to farm? access this service. 18. Will my suppliers be allowed This is deemed an essential service so you should still be able to to open? access this service. Perhaps contact your supplier and make the necessary arrangements with them. 19. Dairy farm priority? This is deemed an essential service. Introduce sound bio-security principles on the farm. Also, you could assist with a permit for collection. 20. Can small forestry operations Yes, they are deemed as an essential service as they produce (about 5 people) continue packaging for food and toilet paper amongst others. Harvesting during the lockdown and storage activities essential to prevent wastage of primary agricultural goods is also considered essential services. 21. Government assistance to reduce state levies i.e.: SDL, WCA, Water levies, rates and There will be UIF and PAYE relief, we expect more information taxes? from the government as time progresses. 22. How do I sell green mealies' This is deemed an essential service. Institute sound bio-security off the farm'? principles on a farm. Also, you could assist with a permit for collection 23. Does the State have any All possible interventions are being considered at this time. plans to help distribute healthy food to people that don’t have the resources to access
enough to keep as healthy as possible? 24. Transportation of staff Only to farms that produce food or are involved in activities that are deemed harvesting and storage of primary agricultural produce to prevent wastage and with the presentation of a permit letter from employer/business and ID. According to Regulation 11C(2) the employer must make the necessary transport arrangements. 50% of the licenced capacity of the vehicle may not be exceeded if it is a taxi or bus, if it is a private vehicle, 60%. 25. 3 farms in different areas. Can The Regulations state that movement between provinces and I travel between / to them & between metro's and districts are prohibited. Agri SA is of the view possibly with labour / that essential services should be exempted from this and that this equipment? is a drafting error and we have requested that the regulations be amended to reflect that indeed for essential services such travel should be possible. The police has confirmed that essential products and services can travel over provincial borders and between metros and district municipalities. 26. Will the government follow The international best practice is being considered. other successful countries and specifically advocate milk consumption to help increase people’s immunity? 27. Transportation of forestry and Forestry is deemed an essential service. For vegetable seedlings, a vegetable seedlings permit letter from employer/business and ID is required. 28. What happens to livestock Should continue, please contact your local SAPS/security company theft patrols? for more information.
29. Will farmers/reservists still be With the presentation of a permit letter from employer/business and able to drive patrols? ID and in consultation with the police station commander. See Annexure B (no.18) of regulations. 30. Will a curfew be set up in the There are no regulations on curfews Citizens can expect stops by evenings that anyone moving SAPS/SANDF during the lockdown. around may be stopped by SAPS / SANDF? 31. If a farmer lives in the city and This is being clarified as the regulations do not allow movement has to drive to the farm every between metropolitan areas and other areas. day - will he be able to do that? 32. Farmworkers living in villages If the farm is involved in food production or activities that are that need to be transported deemed harvesting and storage of primary agricultural produce to back daily or on weekends? prevent wastage, then workers will be allowed to move under strict rules. Farmers will likely need to provide transport within the framework of the regulations. We suggest that members make use of the permit letter mentioned in point 1. We do not recommend that accommodation be provided now, due to ESTA implications. 33. How will contract workers be If the farm is involved in food production or harvesting or storage of handled to bring in critical primary agricultural products to prevent wastage, the contract harvests? workers are treated the same as any other worker. 34. What about the worker who If the farm is involved in food production or harvesting or storage of works out of the "township" – primary agricultural products to prevent wastage, and the worker May he come to work? If not, can get to work he must come to work. There is no legal obligation he should be paid even if he is to pay employees who are not working. The employer’s obligation sitting at home? If he must be to pay arises from the employee’s ability and willingness to tender paid what about the workers services. During the national lockdown period, the employees
who live on the farm and goes cannot and may not work – not because the employer requires that on with work? They will receive they do not work, but because of the lockdown order issued by the the same salary at the end of government. (This situation is different from the case where the the month even if one did not employer requires the employee not to be at work because of a work. (Big problems one on the reasonable apprehension of harm in that the employee had been in farm still has to do the other's contact with someone who tested positive for Covid-19 or presents work) with flu-like symptoms. Here it is the employer that requires the employee to be absent based on the employer’s duty to ensure a safe and healthy work environment. In these circumstances, the absence should be paid, unless agreed otherwise.) As regards employees who cannot work during the lock-down period, of course, if the employer can afford to pay the employee, it may decide to do so, and pay her/his full remuneration or a portion thereof as a “lockdown allowance” of sorts; or grant the employee a loan to be recovered in due course. It is also permissible to require the employees to take (paid) annual leave. It is well-established in terms of the Basic Conditions of Employment Act that where an employer and employee cannot agree on the time when the employee would take leave, the employer may determine the time when the employee will take leave. It is accordingly permissible for employers to require that employees take their annual leave during the lockdown period. This is a sensible way to ensure that the employee is paid during this time. 35. Request for the regulations We're not going to be able to translate the regulations ourselves, and provisions in the workers' but suggest our members do what we did: Ask a first-language language, please.
speaker to translate and distribute. We will also distribute all translations. 36. What rules and requirements Transport should be provided. According to Regulation 11C(2), the will apply in respect of employer must make the necessary transport arrangements. 50% transport and accommodation of the licensed capacity of the vehicle may not be exceeded if it is a of those workers who do not taxi or bus if it is a private vehicle, 60%. A permit letter will be normally live on farms? necessary. We do not recommend that accommodation be provided now, due to ESTA implications. 37. Under what rules and This is deemed an essential service. Institute sound bio-security conditions may livestock principles on the farm. Also, you could assist with a permit for auctions continue? collection. If any additional regulation comes into effect, it will be shared ASAP 38. Are there any farming All farming activities that are not food production, processing or activities that are excluded distribution, or harvesting and storage of primary agricultural under essential food products to prevent wastage, are excluded. production, processing or distribution? 39. How do we handle work We asked the department for clarity, if legal foreign workers have a permits, from legal foreign valid working permit and a permit letter from the employer/business workers, that expire during the this should suffice, we cannot confirm the renewals of permits period of restriction? during this period. 40. What powers does a local In terms of section 14 of the Disaster Management Act of 2002, the authority and / or district Head of the National Disaster Management Centre may delegate municipality have to issue any of the powers assigned to it to the municipal Disaster additional regulations? Management Centre. This is subject to limitations imposed by the National Centre. Each case may need to be taken up with the National Disaster Management Center.
41. How would we address All workers in essential businesses should continue working. contract workers, such as shaving/shearing teams or harvesting teams? 42. Which secondary agricultural Only activities related to the production, processing and distribution businesses are excluded from of food, animal feed, packaging for food and chemicals used in the the restriction on movement? food and the harvesting and storage of primary agricultural produce to prevent wastage, are allowed. 43. What is the possibility of Employers who can continue paying employees should do so. claiming a portion of wages Please see the attached TERS guide for more information in cases paid to workers who stay at where employers need assistance. home during that time from the state? 44. Is the production of animal In terms of the amended regulations, all primary agricultural goods fibre, wool and mohair may be harvested and stored to avoid wastage. Government considered as an essential Gazette no.: 43168 issued on 26 March 2020 service? 45. Are public auctions under This is deemed an essential service. Institute sound bio-security strict conditions going to be principles on a farm. Also, you could assist with a permit for allowed to continue? collection. If any additional regulation comes into effect, it will be shared ASAP 46. If employees refuse to work, can the principle of no work no If employees do not want to come to work for fear of infection, then pay be enforced? the circumstances of the workplace must be taken into account before deciding on an appropriate reaction. If the refusal to work is unreasonable, disciplinary action may be considered but disciplinary
steps should be a last resort and must be carefully considered before implemented. 47. Transportation of employees: The one-by-one rule will apply, and the stores will also apply "crowd specifications/guidelines / control". The regulations are likely to provide more clarity, the retail measures for the purchase of sector regulations were published on 25 March, for reference. e.g. food and household necessities? 48. Transport of employees from Employers will probably need to provide transport, which may not town to farm and back? exceed 50% of the vehicle’s carrying capacity if it is a taxi or bus or 60% if it is a private vehicle. 49. Transport of raw products Yes deemed as an essential service. Harvesting and storage from farm to processing plant? activities essential to prevent the wastage of primary agricultural goods Government Gazette no.: 43168 issued on 26 March 2020 50. List of agricultural related Government Gazette, No. 43147, Vol. 657 on 25 March 2020 activities excluded from outlines essential services and goods. The amended regulations lockdown? provide for harvesting and storage activities essential to prevent the wastage of primary agricultural goods see Government Gazette no.: 43168 issued on 26 March 2020 51. Can the drought relief program The drought program must continue as farmers depend on the continue? donations to produce which is, therefore, an essential service. 52. Will it be possible for citrus Yes, this is deemed an essential service farmers to go ahead with their harvesting process because they need a large number of seasonal labour? This labour
will need to be transported over great distances. 53. A Permit to Perform Essential Service Would migrant movement still Regulation 11b (3) template was published by the Government. be allowed, or must the staff This permit was published on Government Gazette, No. 43147, be on lock-down on-farm? Vol. 657 on 25 March 2020. Agri SA designed a template that can also be used 54. Will livestock sales be This is deemed an essential service. permitted to continue? 55. Can trucks picking up labour A Permit to Perform Essential Service continue and will the trucks Regulation 11b (3) template was published by the Government. and the labourer’s have a This permit was published on Government Gazette, No. 43147, permit to allow freedom of Vol. 657 on 25 March 2020. Agri SA designed a template that can movement? also be used. 56. Export of Agricultural This is deemed an essential service and can continue. Products? 57. What happens in the event A workplace in agriculture does not constitute a "gathering" and is where a farm employs more exempt, however, hygiene measures need to be strict. There is no than 100 people? point carrying on with business as usual until someone becomes ill, we need to preach prevention. 58. Can landowners who do not A Permit to Perform Essential Service stay on a farm and even live in Regulation 11b (3) template was published by the Government. another province commute? This permit was published on Government Gazette, No. 43147, Vol. 657 on 25 March 2020. Agri SA designed a template that can also be used
59. Can institutions provide fuel, They will be allowed to continue. They must carry a permit letter. seed and fertilizer to producers? 60. Water shortages that are All reasonable practices concerning hygiene and sanitation should affecting many towns in be employed. Where possible, hand sanitiser should be used. Limpopo are causing residents not to sanitise 61. Can we have a One of the categories of potential exemptions from property rates waiver/reduction of Property in terms of section 15 of the Local Government Municipal Property Rates? Rates Act of 2004 is owners of property situated within an area affected by - (i) a disaster within the meaning of the Disaster Management Act 2002 Act (ii). A process will, however, have to be followed to get such exemptions – which will involve that they will have to be negotiated at a local level with your municipality 62. Will farmers or transporters This is deemed an essential service. See permit qualify for help with the Transport of Farm Products? 63. What steps should be taken if The NICD should be notified, a person in isolation, list of persons a worker working in a citrus with whom they have been in direct contact and consider placing warehouse is tested positive those persons in isolation. It is very difficult, because the disease is for COVID-19? contagious before symptoms start, and some people test positive without any symptoms. 64. Is there any assistance from Government has stepped up procurement of these items, but the Government for hand remember that soap and water work perfectly, and masks have sanitizer? zero protective effect against this virus, it simply prevents a person who is already ill from coughing and sneezing on other people. This is from the World Health Organisation: If you are healthy, you
only need to wear a mask if you are taking care of a person with the suspected 2019-nCoV infection. Wear a mask if you are coughing or sneezing. Masks are effective only when used in combination with frequent hand-cleaning with alcohol-based hand rub or soap and water. If you wear a mask, then you must know how to use it and dispose of it properly. 65. 6 I am a sole proprietor and do This issue has been raised with the presidency and Agri SA is 5 not have an enterprise awaiting feedback. It is not compulsory to register as an essential . number. Because of this, I service at this stage but if there is a financial benefit at a later stage cannot register on the it might be useful. BizPortal. As a sole proprietor and a smaller scale farmer, this lockdown will have a huge financial impact on me, but now I cannot use the possible funding from BizPortal as I don’t have this enterprise number. 66. 6The capacity on Yes, with the presentation of a permit letter from 6bakkies/trucks/other transport employer/business and Identity document. Public transport has . that is reduced to 50% as well been halted. According to Regulation 11C(2), the employer must as the allocated time has a make the necessary transport arrangements. 50% of the licensed huge impact on Agriculture capacity of the vehicle may not be exceeded if it is a taxi or bus if it production: Different packing is a private vehicle, 60%. There are no regulations addressing shifts; the shift times do not transportation on bakkies but all precautionary measures must correspond with the allocated
times gazetted, meaning adhere to i.e social distancing, hand-sanitizer, a driver must wear a production is cut in half by only mask. Government Gazette no.: 43157 issued on 26 March 2020 having 1 shift per day and this, of course, having an impact on the food production and supply. Some Agri Products are more perishable, therefore need to be packed on the same day and cannot stand over till the next morning. Packhouses need to function a second shift from 16:00 to 23:00 at least. Farmworkers work different times on different farms in the same day. They need to be transported from 1 farm to the next but will be stopped by the police as it doesn’t necessarily fall in the allocated time frames. When it is possible to move the farmworkers from one farm to the next in the allocated time, the problem is moving 1 or 2 people at a time as the capacity allowance of a bakkie is 1 person.
67. What kind of transportation is Both, but subject to restrictions of 50% and 60% of licensed allowed to be used? Private, capacity for public and private respectively. Public or company based? 68. 6 Can farm workers stay on the Yes, if they agree. 8 farm during the week . (isolation) and go home over weekends? 69. 7 Will there be taxi transport Private transport provided by the employer is permissible, subject 1 available for our labourer to to 60% capacity limitation and complying with conditions regarding . buy food? We are 60km from hygiene. the nearest town. We can take our workers home with a truck if it is permissible. 70. 7Will the small Spaza shops in Yes, Grocery stores and spaza shops are regarded as an essential 2the townships be allowed to service. Government Gazette no.: 43148 issued on 25 March 2020 . remain open? Complied by: Andrea Campher – Disaster Risk Manager (C) 079 8872 174
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