| (1) | In accordance with its obligation under the OHSA, regulation 5 of the Environmental Regulations for Workplaces10 and the HBA Regulations, every employer must— |
| (a) | keep the workplace well ventilated by natural or mechanical means to reduce the SARS-CoV-2 viral load; |
| (b) | identify areas in the workplace that are usually occupied and poorly ventilated, and improve ventilation through— |
| (i) | natural ventilation including opening doors, windows and vents and where possible cross ventilation in preference to single-sided ventilation; |
| (ii) | ventilation through the use of fans, air conditioners or mechanical ventilation. |
| (c) | where reasonably practicable, have an effective mechanical ventilation system that— |
| (i) | is technically assessed to be functioning effectively and in accordance with the manufacturer’s instructions; |
| (ii) | is regularly serviced and maintained by a competent person in particular that ventilation filters are cleaned and replaced in accordance with the manufacturer's instructions; |
| (iii) | supplies fresh air at an adequate ventilation rate; |
| (iv) | does not have ventilation vents that feed-back through open windows; |
| (v) | does not recirculate the air; and |
| (vi) | if appropriate in terms of the Guidelines referred to in paragraph (d), have High Efficiency Particulate Air Filters; and |
| (d) | ensure that ventilation is in accordance with the NDOH Guidelines for ventilation to prevent the spread of SARS-CoV-2 virus.11 |
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10 Environmental Regulations for Workplaces GNR 2281 of 16 October 1987.
11 https://www.nioh.ac.za/wp-content/uploads/2021/08/V1.1-Guidelines-for-ventilation-to-prevent-the-spread-of-the-SARS-CoV-2-virus-FINAL.pdf
