Many question legality of Sasol’s vaccination rule for coming shutdown at Secunda plant

Many Sasol employees do not want the Covid-19 vaccine and are taking further steps against the petrochemical company after receiving letters and instructions that they must either be vaccinated or produce a negative Covid-19 test every seven days for the upcoming shutdown.

Ms Matebello Motloung, senior specialist: Media Relations at Sasol, said Sasol supports the view that implementation of mitigation measures, including vaccinations in times of pandemics, is primarily in the interest of public health and safety and for the greater good of society.

“Sasol further regards vaccination of the workforce involved in activities on site during the shutdown period as a necessary and effective measure to mitigate the increased workplace exposure to Covid-19 and the risk of it spreading,” said Ms Motloung.

“We do this while recognising that it remains an individual’s choice to be vaccinated, which choice is to be exercised with due consideration to individual rights and without any fear of discrimination or retaliation.

“This is underpinned by Sasol’s Human Rights Policy.

“It is for this reason that employees that will be participating in activities on site during the shutdown period are expected to submit either proof of vaccination or a negative Covid-19 test (an antigen test will be accepted) result not older than seven days prior to beginning of the shutdown activities, and to be repeated during the shutdown period every seven days.

“This, in our view, is also in the interest of the health of the public, given the prevailing pandemic.

“Sasol is working with the national and provincial authorities on protocols for vaccination and other pandemic related response interventions.”

According to Ms Motloung, Sasol is currently assessing the costs associated with the testing and exploring viable means of providing enabling support.

The company continues its engagements with the workforce and other interested and affected parties.

Sasol’s yearly shutdown for statutory maintenance to critical infrastructure and equipment will begin on August 30 and continue until the end of September and will entail that more than 90 000 activities over 23 days will take place. The size of the workforce will increase to nearly 20 000 people, consisting of service providers and people that will be travelling to Secunda from different parts of South Africa.

“Although Sasol believes that its current Covid-19 workplace prevention measures and protocols are adequate and effective to protect employees under normal working conditions, we view the upcoming shutdown as a particularly high risk event due to the possible spread of Covid-19 as South Africa is in the middle of the pandemic,” said Ms Motloung.

“This is also based on our updated workplace risk assessment, which considers the specific circumstances of the shutdown.

“It is therefore critical that we fulfill our workplace safety obligations by managing the shutdown as a potential super-spreader event as part of our Covid-19 workplace mitigation plan.”

The Secunda community organised and donated money for Mr Sabelo Sibanda, a lawyer with a special interest in criminal law and human rights-related work and an activist, Ms Debbie Else, to address the Secunda community from August 9 to 12.

They will talk about people’s rights and the mandatory vaccinations some companies want to enforce on its employees. The duo will also talk about PCR testing.

One of the organisers of the event said she believes if people do not stand up for their rights now, everything will be lost.

“You cannot cry over spilt milk,” said the organiser.

“The time is now to act against these things that a few people think is right.

“Act for your future and the future of those you love.

“It is unconstitutional to require employees to get a vaccination or provide a negative test every seven days.

“Exercise your human right to not take the vaccination if that is your choice.”

The initiative to contact Mr Sibanda and Ms Else was born to support and unify all individuals who, for reasons known to them, are not willing to take the Covid-19 vaccine.

Ms Theresa Schroeder, spokesman of a South African non-profit organisation, miRic (My Individual Right to Informed Consent), said to force a person to take the vaccination or produce a test every seven days goes against all the laws of Informed Consent in South African and internationally.

She said the organisation is currently drafting documents of a ‘Notice of Decline’ in all the official languages in South Africa that people can use to refuse the vaccination.

“The ‘Notice of Decline’ will go with the ‘Basic Guide to Informed Consent’,” said Ms Schroeder.

She said people can request the miRic to issue a ‘Notice of Liability’ to any employer, school or place asking people to take the vaccine.

“This is a legal letter informing the involved business or organisation that they are acting unlawfully and requested to stop immediately.”

These documents are available free of charge from miRic.

Solidarity announces Sasol staff will not be forced to pay for Covid-19 testing 

Solidarity announced on Thursday, August 5, that staff at Sasol’s Secunda plant would no longer be forced to pay for Covid-19 tests themselves. This comes after Solidarity and Sasol earlier that day had a meeting about the matter.

“We are pleased that after robust negotiations Sasol agreed to carry the costs of all Sasol staff members’ Covid-19 testing,” said Mr Riaan Visser, Solidarity’s deputy general secretary for mining, agriculture and the chemical industry said.

According to Solidarity, many people are still unsure about vaccination and this uncertainty must be respected.

“Discrimination is unacceptable as far as vaccination is concerned and it will add to the hesitation that exists about it. At the same time it will also reduce the effectiveness of any vaccination programme,” Mr Visser stated.

Solidarity further contended that it cannot be expected of employees to bear the brunt of the state’s inefficiency with the vaccination programme.

“Although some people are still not sure about their decision regarding vaccination, there are also many who would like to be vaccinated, but simply cannot do so because of the slow progress of the government’s vaccination programme. Obviously, they should not pay the price for a government that has dragged its feet with the vaccination process,” Mr Visser said.

Solidarity also emphasised its support for vaccinations and explained that although it should be every person’s own decision, the organisation still recommends that those who can, should be vaccinated.

“Research, including that of Solidarity’s Research Institute, shows that vaccinations are effective and safe. Therefore, we encourage vaccination. However, this must always be done on a voluntary basis and employers cannot attempt to impose unreasonable negative requirements on their employees if they decide against it or have not yet had the opportunity to be vaccinated,” Mr Visser concluded.