Covid-19 Lockdown Frequently Asked Questions - WRSA

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Covid-19 Lockdown Frequently Asked Questions - WRSA
Covid-19 Lockdown
Frequently Asked Questions
Covid-19 Lockdown Frequently Asked Questions - WRSA
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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