Healthy & safety clauses to add to employment contracts

The Employer’s Organisation for Hairdressing, Cosmetology & Beauty (EOHCB) suggests that the following health and safety clauses be introduced to employment contracts to ensure safety and compliance in the salon.

These undertakings can be introduced by either a contract or policy.

The Employee agrees to:

1. Abide by the Health and Safety Protocols introduced by the Employer and Government in response to COVID-19.

2. To report any unsafe and/or unhealthy practices at the workplace in terms of the OHS Act.

3. Complete a voluntary self-declaration of any comorbidities or medical conditions that may result in complications in the event that the Employee is infected with COVID-19. The Employee understands that it is his/her obligation to disclose such details and thereafter to cooperate with the employer in determining reasonable responses to accommodate the Employee. This may include requesting the Employee to obtain a medical practitioner’s opinion that would assist in this regard.

4. The Employee has to disclose immediately should they experience any symptoms relating to COVID-19 and/or inform the employer if they have been in close contact with a person that Employment Management during a Pandemic Guidelines tested positive for COVID-19 and/or is being tested for COVID-19 in accordance with workplace protocol.

5. Cooperate with all internal investigations relating to the containment of COVID-19 and Health and Safety gaps.

6. Provided that legislation permits or requires the testing of an Employee, or the testing of an Employee is justifiable in the light of medical facts, employment conditions, social policy, fair distribution of employee benefits or the inherent requirements of the Employee’s position, the Employee agrees to undergo medical testing when required by the employer. This can take place before or during the employment period.

7. The Employee agrees to any testing for COVID-19 and/or for the purpose of applying rules, policies which are not discriminatory of nature and is allowed for by law, such as, but not limited to:

7.1.1 Blood, urine or breathalyser test.

7.1.2 Fingerprint examination.

7.1.3 Medical testing, excluding testing prohibited by the Employment Equity Act of 1988.

8. The Employee accepts and understands that breach of health and safety regulations are a serious transgression that may result in a dismissal and/or imprisonment and/or fine.

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