Covid-19, Mandatory Vaccinations – Now legal

Posted 26 October 2021 by Mike Johnson covid-19, vaccinations, fair process, policy, Legislation;

Tuesday 26^th October 2021

This is for Health and Education sectors.  The government have now updated the Order – I set out below key things you need to be aware of – some have changed:

This is not about what is right – just about what you now have to do legally.

 

Mandatory Vaccinations for the Health and Disability Sector and Education Sector (also for prisons, but I have no such clients, so am not reporting on that)

1. Who the mandatory requirements apply to
   1. It covers employees, volunteers – anyone covered by the definition of a “worker”
   2. For the health sector it includes anyone who carries out work where health services are provided to members of the public by 1 or more health practitioners whose role involves being within 2 metres or less of a health practitioner or a member of the public for a period of 15 minutes or more
   3. It also includes anyone employed or engaged to visit people in their homes to provide care/support
   4. In the education sector it includes all ECE centres, home based educators (not play groups) – covers all workers over 12 who will be present at the affected service at a time when children are also present.
      1. So, for maintenance, cleaning and administrative staff, you may be able to avoid them being captured by this requirement if you can tweak hours or contact points to avoid the above definitions.
      2. But health workers and educators cannot escape (except for educators who never have face-to-face contact).
         
         
   5. Required timing
      1. Both Health and Education must have had their first vaccination by 15 November and second vaccine by 1 January. Obligations to ensure compliance take effect from now for Health Sector PCBUs and 2 January for Education PCBUs.
         
         
   6. Exemptions (slight clarity)
      1. Clause 7A states specifically that “certain work” can be caried out without being vaccinated if they have a particular physical need or other needs that a suitably qualified health practitioner (in the course of examining the person) determines would make it inappropriate for the person to be vaccinated and the PCBU can attest to this.
         1. I remain unaware of what “certain work” refers to.
         2. Anyone seeking exemption should make every effort to be examined and get the appropriate medical certificate – before 15 November.
            
            
      2. Required information to be maintained
         1. Section 11A sets out a list of detailed information a PCBU is required to maintain about all workers – and which must be able to be shared with the MoH.
            1. I have updated the draft policy I sent out on Thursday, to allow for this detail - HERE
               
               
         2. Process Required
            1. To protect yourself you need to follow fair process. I therefore strongly advise that you consult with all your workers on the combination of:
               1. Which positions this mandatory Order applies to
               2. What will happen if they are not vaccinated by due date
               3. Information that is required to be maintained, which they must agree to

 

The full Amendment Order can be found here: 

https://www.legislation.govt.nz/regulation/public/2021/0325/latest/whole.html

 

 

Mike Leave – just a heads up – Mike is away on leave from 8-12 November.  Please try and ensure he gets plenty of notice of work needed to be done prior to these dates.

 

Essential HR are here to help.  For ongoing help call us on – 03 3650532, or you can contact Mike directly on 027 2808546 or mike@essentialhr.co.nz.

 

I’m happy for you to pass this on to others.

 

And if you need to conference call, we are all set up with Zoom.