, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please note that the author of this document will not responsibility for any plagiarizing you
commit.
Question 1
1. Click on this link
https://www.salabournews.co.za/53674-no-covid-19-protective-gear-no-work-nehawu-proclaims
and familiarise yourself with the content of the case study and elaborate on what grounds you
would justify the trade union’s position in the case study.
The case study centers around the National Education, Health, and Allied Workers Union (Nehawu),
which has taken a firm stance on protecting healthcare workers from Covid-19 by calling for a halt to
work if adequate protective equipment (PPE) is not provided by employers. This position was
sparked by incidents in both public and private healthcare facilities where healthcare workers,
particularly nurses, were exposed to the virus without sufficient protection, resulting in numerous
infections. Nehawu’s call for workers to prioritize their own safety, supported by the allegation that
private healthcare providers are not implementing proactive protective measures, raises important
legal, ethical, and labour relations issues.
Health and Safety Regulations
The first and most immediate justification for Nehawu’s stance lies in South Africa’s legal
framework concerning occupational health and safety. The Occupational Health and Safety Act
(OHSA) of 1993 stipulates that employers have a duty to ensure that the workplace is safe and that
employees are protected from risks that could result in injury or illness. Section 8(1) of OHSA
requires employers to "provide and maintain a working environment that is safe and without risk to
the health of employees." This includes providing adequate personal protective equipment (PPE)
where necessary, as well as ensuring that safety protocols are in place to mitigate potential hazards.
In the context of a global pandemic like Covid-19, the risk posed to healthcare workers is immense,
and the provision of protective gear such as masks, gloves, and gowns is crucial to safeguarding their
health. Nehawu’s call for workers to refrain from performing their duties without sufficient PPE is a
direct invocation of the principles enshrined in OHSA. Healthcare workers are at the frontline of
fighting the pandemic, and the nature of their work inherently places them at higher risk of exposure
to the virus. Failure by employers to provide adequate protection violates their legal obligation to
ensure the safety of their employees.
Moreover, the OHSA allows workers to refuse to work if they believe they are exposed to imminent
danger. In this case, the absence of adequate protective gear during a pandemic certainly constitutes
such a danger. Nehawu’s demand that healthcare workers refrain from working under these
conditions is not only justified but legally supported by OHSA. The union’s position highlights the
importance of enforcing health and safety standards in workplaces, particularly in high-risk sectors
like healthcare.
