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Creating COVID-19 vaccination policy at workplace

Opinion & Analysis
BY EMMANUEL ZVADA All companies need a COVID-19 vaccination policy, even if your official policy is that you don’t care what your employees do. Every business is different, your COVID-19 vaccination policy should reflect that. In this article, we will unpack how to write your own policy that makes sense for your business, community and […]

BY EMMANUEL ZVADA

All companies need a COVID-19 vaccination policy, even if your official policy is that you don’t care what your employees do.

Every business is different, your COVID-19 vaccination policy should reflect that. In this article, we will unpack how to write your own policy that makes sense for your business, community and employees. Employers have a responsibility for the health and safety of their employees, but is it their place to enforce mandatory vaccination?

Developing (or updating) a policy on vaccination allows employers to outline the organisation’s stance on vaccination and explain the role of and expectations on managers, human resources and employees.

Vaccination policies should take into account legal aspects.

The policy can help explain the benefits of vaccination and how employees can contribute to wider public health by protecting themselves and other employees and wider community by being vaccinated.

A vaccination policy can be part of the overall organisation’s steps towards maximising the number of employees who attend work safely.

The main purpose of having such policies is to provide and maintain a workplace that is free from known hazards as well as safeguarding the health of the employees and their families, customers and visitors; and the community at large from infectious diseases such as COVID-19 that may be reduced by vaccination.

Why policies are important?

Every company needs policies to guide its operations, strategy, and workflow.

Where policies set the expectation for employee behaviour, the procedures outline the steps for it.

This ensures consistency in practice and helps in maintaining quality output.

An effective policy and procedure manual is an essential management tool.

As a must-read for all employees, it states business goals and policies and communicates appropriate standards of action and behaviour for all employees.

Furthermore, policy and procedure manuals help with:

COVID-19 vaccination refusals and terminations

Employers can’t physically force employees to get the vaccine and can make the COVID-19 vaccination a condition of continued employment through a vaccination policy.

Depending on the nature of the employment and the risk associated with it, certain employers have a stronger case for making the COVID-19 vaccination a condition of employment.

Once an organisation has made a decision, the employer should consider developing a policy on COVID-19 vaccinations.

The vaccination policy should contain authority for collection, statement of purpose, statement on whether a vaccination certificate will be required, statement on possible action to be taken based on whether employee is vaccinated or not, statement on storage, sharing and destruction of the information.

If an employee refuses to be vaccinated (contrary to a specific law, agreement or contract that requires vaccination, or after receiving a clear and repeated lawful and reasonable direction), an employer should, as a first step, ask the employee to explain their reasons for refusing to take the job.

If the employee has provided a legitimate reason for not being vaccinated (for example, the employee has an existing medical condition), the employee and the employer should consider whether there are any other options available.

Privacy, COVID-19 vaccine policy

Employers should keep in mind that asking an employee whether they have been vaccinated and requesting proof of vaccination or a vaccination certificate is a collection of personal information/personal health information which may be viewed as a violation of privacy.

Any employer should be mindful of the privacy legislation that applies to them.

The employer’s obligation to ensure the health, safety and welfare of workers must be balanced with the employee’s right to privacy.

If an employer has provided a lawful and reasonable direction to an employee to be vaccinated for coronavirus and an employee complies, the employer can ask the employee to provide evidence of vaccination.

The policy should also stipulate that an employer wants an employee to provide evidence, the employer should make sure that the requirement to provide evidence is lawful.

As stated above, whether a directive is lawful and reasonable depends on circumstances.

Response plan to be included in the policy

Develop a response plan in case someone becomes ill with symptoms of COVID-19 (dry cough, fever, malaise). This plan should include at least identifying a room or area (quarantine room) where an employee who is feeling unwell or has symptoms can be safely isolated.

Have a plan for safely transferring from there to a health facility.

This plan should be put in place in advance with the health department or rapid response teams.

Can employers require employees to have the vaccine?

Employers who operate a mandatory vaccination policy for employees may potentially face legal challenges in all but the most exceptional circumstances. Some employers may consider implementing a mandatory vaccination policy for their employees.

Some employers may consider implementing a mandatory vaccination policy for their employees.

However, there are conflicting views on whether an employer can implement such a policy for COVID-19, as there is no case law or legislation that directly addresses this novel situation.

Employers who require employees to consent to the vaccination or who take disciplinary action (including dismissal) as a result of an employee’s refusal may face one or more of the following legal challenges.

If an employer has provided a lawful and reasonable direction to be vaccinated and an employee refuses, the employer could also ask the employee to provide reasons for their refusal.

What about evidence of being vaccinated

Directing an employee to provide evidence of a medical reason for refusing a vaccination is likely to raise privacy issues if not done properly.

Where an employer wants to direct an employee to provide evidence, the employer should make sure that the requirement to provide evidence is lawful and reasonable.

As stated above, whether a direction would be lawful and reasonable depends on all of the circumstances. If it is unclear whether a direction or the employee’s refusal is reasonable, employers should seek legal advice.

Organisations should use a voluntary approach when setting a vaccination policy.

Given the legal and financial risks of adopting a mandatory approach, adopting a voluntary approach will build trust and encourage employees to appreciate the benefits for themselves and others.

  • Emmanuel Zvada is an award-winning Most Fabulous Global HR Practitioner 2020, HR disrupter and trusted coach. He writes here in his personal capacity.