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The Department of Employment and Labour inspectors in the Gauteng Province today closed two retail store outlets for failing to comply with Covid-19 regulations and adhering to occupational health and safety (OHS) Act.

A blitz inspection by the Department's inspectors in the Pretoria central business district (CBD) led to the closure to two retail stores so as to protect the lives of the employees and the public.  

Department of Employment and Labour Gauteng Provincial Chief Inspector, Advocate Msiza observed that it seemed that those to whom courtesy and generosity have been extended to trade in these time of crisis are not complying with the laws of the country. Msiza said the inspections have just begun, and if the conduct of non-compliance continues the inspectorate will be left with no option but to shut down non-compliant employers.  

“We are conducting inspections in this time of need to give effect to government's efforts to fight the spread of Covid-19. In our case our role is in the workplaces, as a result we are prioritising inspections in terms of OHS Act section 29 – which gives us powers to inspect workplaces with a specific emphasis on Hazardous risks posed by Biological Agents (HBA), its regulations, and environmental regulations as promulgated in terms of the aforesaid Act," he said.

The Department of Employment and Labour blitz inspections conducted today yielded the following:

• U-Save/Shoprite store located at Francis Baard opposite the Department's head office – was issued with a prohibition notice and ordered to close. The store was found not to have issued its cashiers with personal protective equipment(s) (PPEs), and social distancing was not enforced in the store. A risk assessment plan was also not in place at the store.
• Kit Kat Express – the store was issued with an improvement notice. The employees were issued with personal protective equipment's, however were not using them.
• Shoprite in Middestad centre – was ordered to close after it was issued with the prohibitive notice. Workers were not provided with PPE's and the store was also not complying with HBA regulations.
• Centre Walk Pick 'n Pay – was found to be compliant.
• The Tramshed (Die Tremloods) Pick 'n Pay – was found to be compliant with OHS and HBA regulations.
  
   
  
  Msiza cautioned employees against using the PPE provided by the employer. He said the liability for the use of PPE's lies with the employer. He said an employer has a duty to ensure the use of PPE's and an employee refusing to use them can be charged for misconduct.  
  
   
  
  “Our focus is to check as to whether workplaces are hygienic, clean and healthy are not contaminated," he said.
  
   
  
  In terms of HBA regulation - Corona is categorised as an HBA agent.
  
   
  
  A biological agent is defined in the Regulations for Hazardous Biological Agents as: “any micro-organism, cell culture or human endo-parasite, including any which has been genetically modified, which may cause an infection, allergy or toxicity, or otherwise create a hazard to human health".
  
   
  
  According to Msiza the blitz inspections will continue for the duration of the lockdown and will in the main focus on the retail sector, pharmaceuticals, and food chains.
  
   
  
  “The bottom line is that if you are not healthy, hygienic and observing laws to protect workers – we close! The public must take this Corona issue very serious for the sake of their own health and that of their families," he warned.
  
   
  
  For more information contact:
  
   
  
  Advocate Michael Msiza
  
  Provincial Chief Inspector: Gauteng Province
  
  082 900 8131
  
   
  
  -ENDS-
  
   
  
  Issued by: Department of Employment and Labour
  
   
  
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