In the wake of the COVID-19 pandemic, businesses across South Africa implemented rigorous screening protocols to ensure workplace safety. Now, as we transition to a new normal, a critical question emerges: What should companies do with the mountain of COVID-19 screening forms they've accumulated?
The answer is clear, but often overlooked: These forms must be preserved, not destroyed.
Under South African law, specifically the Occupational Health and Safety Act and its related regulations, COVID-19 screening forms are classified as medical records. As such, they fall under strict retention guidelines that many businesses may not be aware of.
The Hazardous Chemical Substances Regulations of 1995, issued under the OHSA, mandate that medical surveillance records be kept for a staggering 40 years. While COVID-19 wasn't on anyone's radar when these regulations were drafted, the prudent approach is to treat these screening forms with the same level of care and longevity.
Why such a long retention period? The reasoning is twofold:
1. Legal Protection: In the event of future workplace health claims related to COVID-19 exposure, these records could prove invaluable in demonstrating your company's commitment to employee safety.
2. Long-term Health Monitoring: As we continue to learn about the long-term effects of COVID-19, these records could provide crucial data for understanding and addressing potential health issues that may arise years down the line.
Destroying these records prematurely isn't just a legal misstep – it's a potential risk to your employees' future well-being and your company's liability protection.
Moreover, the Protection of Personal Information Act (POPIA) emphasizes the importance of safeguarding personal health information. By maintaining these records securely for the required period, you're not only complying with occupational health regulations but also demonstrating your commitment to data protection principles.
As we move forward, it's crucial to remember that our response to the pandemic isn't just about the present – it's about preserving vital information for the future. By properly retaining COVID-19 screening forms, your company is playing a key role in this important endeavour.
In conclusion, while it might be tempting to clear out these reminders of a challenging time, resist the urge. Instead, implement a secure, long-term storage solution for these documents. It's not just about compliance – it's about responsibility to your employees, your business, and potentially, to public health research of the future.
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