According to a statement by National Employers Association of South Africa (NEASA), there has been a lot of speculation pertaining to whether an employee can be compelled by his or her employer to be screened for Covid-19 if infection is suspected. According to NEASA an employee can be obligated to take the test as the Covid-19 pandemic was declared a national disaster.
This kind of obligation may be perceived as a violation of one’s constitutional rights, however under the circumstances, it is viewed to be fair, and as a just limitation on certain rights.
Gerhard Papenfus, the CEO of NEASA stated “The Department of Cooperative Governance and Traditional Affairs (COGTA) promulgated regulations determining that a person who is suspected to have Covid-19, or has come in contact with someone who has Covid-19, may not refuse to be tested or quarantined.”
If the person refuses to either be tested or quarantined, a warrant will be issued to enforce testing or quarantine.
Both employer and employees have the responsibility to ensure a safe working environment, as stipulated in the Occupational Health and a safety Act. So the employer has the right to demand an employee to be tested, which the employee does not have a right to refuse.
