The letter below was sent by Frik Bekker Financial Manager & Acting CEO for the NATIONAL BARGAINING COUNCIL FOR THE HAIRDRESSING, COSMETOLOGY, BEAUTY AND SKINCARE INDUSTRY. He outlines the framework in which salons can sell retail during LEVEL 4 of the South African lockdown.

Dear hairdressers/ salon owners,

Restaurants are allowed to open during level 4 to provide meals, which must be pre-ordered and delivered to the general public. The same approach to retailing should be considered by the Hairdressing, Cosmetology, Beauty and Skincare Industry. The general public may purchase personal toiletries, defined as hair care, body, face, hand and foot care products, which should be sold and ordered online or electronically (E-commerce) and be couriered or delivered to customers. Alternatively, retailing from your establishment directly to the public is permitted subject to following strict hygiene and safety protocols. Those who can provide Essential Goods from home, please do so.

In the wake of Minister Nkosazana Dlamini-Zuma’s briefing, 29 April 2020, we confirm that the industry was acknowledged in her address but that Hairdressing, Cosmetology, Beauty and Skincare services remain prohibited during level 4. The retailing of products during level 4 will be allowed, subject to the retailer having an essential service certificate and permit if need to travel (delivery purposes), to sell professional cosmetology products and that strict COVID-19 hygiene and safety protocols are adhered to.

Risk Adjustment Strategy Level 4

In context with retailing professional essential products to the general public:

• The Disaster Management Act requires that a person must wear a cloth face mask or a homemade item, that covers the nose and the mouth when out in public.
• An employer must provide every employee who may come in direct contact with members of the public as part of their duties, with a cloth face mask to cover his or her nose and mouth.
• Should the retailer be delivering or couriering the products to a client, he or she must wear a cloth face mask when engaging with the public.
• Should an employee be tasked to deliver the goods, he or she must be provided with a cloth face mask by the employer or the employee may make use of a homemade item to cover his or her nose and mouth.
• It is required that should an employee be tasked to attend to the delivering of products or retailing of products in-store, that such employee be deemed medically fit by a professional medical practitioner to perform a service to the employer, and the employee needs to sign a voluntary self-disclosure document before undertaking his or her delivery or retailing duties.
• Should this duty not form part of the ordinary agreed working conditions of the employee, an amendment needs to be made and reduced to writing in the employment contract, outlining the duties and responsibilities of the employee rendering services to the employer during the COVID-19 lockdown.
• In order to deliver the purchased goods, the person doing the delivery must have a copy of the Essential Services Certificate, and if the person delivering the goods is not the owner of the business, a permit to perform an essential or permitted service (Form 2 – Regulations 16(2)(b) and 28(4)) completed, signed and stamped by the owner of the business, allowing the delivery person (employee) to travel and make deliveries, and any valid form of identification (ID document/card, Passport or Driver’s License card).

To apply for an Essential Service Certificate, please visit www.bizportal.gov.za. Please note that you will need to update/edit the Essential Service Certificate every time we reach a new Risk Adjustment Level I.e., Level 3, Level 2 etc.

If your business is not a company registered with the CIPC, for example, a Sole Proprietor, then you do not have to give confirmation of your classification as an essential service or goods provider from the CIPC, prior to continuing with your business activities to retail essential goods classified as personal toiletries as outlined above.

However, a sole proprietor will have to write a letter stating who your company is, that you are in charge of the company and that the company provides essential goods as per the regulations. An example of such letter is Form 2, Permit to perform an essential or permitted service as attached. When retailing and or delivering purchased goods, this permit must be presented along with proof of identification when inspected by the authorities. If you don’t have an official stamp for your company, attach a business card or company letterhead.

In-store retailing

Should you retail directly from your store and call upon employees to assist with the retailing, each employee should be declared medically fit to return to work by a medical professional. The following needs to be adhered to; before, during and after business operations. Regulations require that one person must be assigned to specifically attend to these requirements and to ensure compliance:

1. Sanitation: The store must be sanitized before the opening of its doors daily and hand sanitation for employees and the public should be available before entering the store, whilst in the store and before leaving the store. All working tools must remain sanitized (example: card machine to be wiped before each client and after each client).
2. Personal Protective Equipment: Each person stepping into the store must wear a cloth face mask or homemade item, covering his or her nose and mouth. It is recommended that the retailer wears gloves and a face shield when engaging with the public and that the products are handled only by the retailer and not the public. This will include using sanitation wipes to wipe the products before packaging them and handing the purchased goods to the customer.
3. Social distancing: The retailer should have visible signs indicating social distancing of one and a half metres between each person. Level 4 regulations require that each business owner needs to determine the floor size of his or her establishment in square metres, before getting the store ready for retailing. Only 1 person is allowed in the store for every one and a half square metres
4. Screening: An employer must screen his or her employees for COVID-19 symptoms daily. Temperatures need to be measured and recorded before, during and after each shift, using a thermometer. The following questions should be asked and recorded

Are you currently experiencing the following symptoms or have in the past 14 days?

• Fever
• Coughing
• Runny nose
• Nasal congestion
• Sore throat
• Shortness of breath
• Loss of smell or taste
• Tiredness
• Body aches and pains
• Diarrhoea
• Headaches
• Body chills
• Nausea and vomiting

Please see Annexure E from the Government Gazette pertaining to Workplace Plans.

Delivering and/or Couriering Essential Goods

We strongly advise that you make use of a courier service if possible, to avoid physical contact with the public and avoid retailing from your establishment. Should you have a lease agreement with a landlord, retailing from your establishment might also result in you being held liable for an occupancy rental as you are deemed to be operational and making use of the rented space. The retailer has the obligation to conduct business in a COVID-19 precautioned, hygienic and safe environment and

manner. All products purchased, must be sanitized with an alcohol-based solution of at least 70%. When handling and packaging the products, make sure that the environment in which handling and packaging are being conducted has been sanitized and that there is enough ventilation.

We advise that retailers and employees wear personal protective equipment whilst handling the purchased goods. These include but are not limited to; face masks, gloves, face shields, protective clothing, etc. Courier Services are considered Essential Services during level 4. It has been confirmed that the following couriers are operational countrywide:

• Courier Guy
• Courier IT
• DHL

From a courier service delivery perspective, all administration should be done via email from the courier service and no signing should be necessary. Generally, the cost of the courier will depend on the weight of the products however, you can negotiate and enquire what’s best for your business and what each courier company offers. Should you deliver the goods to your clients directly, complete all administrative and payment functions before delivering the goods, and communicate a receipt via an electronic platform if possible.

Kind regards,

Frik Bekker

Financial Manager & Acting CEO

NATIONAL BARGAINING COUNCIL

FOR THE HAIRDRESSING, COSMETOLOGY,

BEAUTY AND SKINCARE INDUSTRY

Email: frik@hcsbc.co.za