Mandatory vaccine policy: How to introduce one to the workplaceVaccine hesitancy is a very real challenge for governments around the world, and in South Africa we are certainly not immune to this trend: only just over 10% of the population has had the jab, despite the fact that anyone over the age of 18 can be vaccinated if they so choose. Source: Artem Podrez – 123RF.com While getting vaccinated is not (yet) a legal requirement, employers can now implement a mandatory vaccination policy in the workplace under specific circumstances and subject to certain constitutional checks and balances. This follows the publication of the amended Consolidation Direction on Occupational Health and Safety Measures in Certain Workplaces on 11 June 2021. While this is an extremely emotional issue, employees working for certain companies may risk losing their jobs if they don’t get jabbed. Abigail Reynolds from the boutique law firm Reynolds Attorneys says these are some of the salient points of the Consolidated Direction which are important for employers to know if they are going to insist that all their employees are vaccinated. TimeframesAn employer has 21 days, from the date the directive becomes enforceable (11 June 2021), to amend its workplace plan which must include the following:
Abigail Reynolds Meetings/discussions with employeesEmployers must meaningfully engage with any trade unions, which have a presence in their workplace, on the mandatory vaccination policy in conjunction with any established health and safety committee within the workplace. Any subsequent policy must be open for inspection by the Department's inspectors, trade unions and the health and safety committee. These are important features to contemplate when considering the implementation and shaping of a mandatory vaccinations policy:
Fundamentals of vaccination policiesThe following must be included in a mandatory vaccination policy:
Awareness education for employeesEmployers are responsible to raise awareness amongst their employees with regards to, inter alia, the nature, advantages and risks associated with the vaccines. The aims of these procedures or guidelines should be:
Rejection of vaccination policies by employeesShould an employee refuse to be vaccinated on constitutional or medical grounds, an employer should:
“The severity of the Covid-19 variant spread is extremely challenging and getting as many people vaccinated as possible is critical. However, with such widespread vaccine hesitancy happening in South Africa, this is becoming a very real challenge. Now that employers can legally insist that employees get vaccinated, we can expect to see our statistics change. However, even with this new mandatory policy, the issue remains emotionally charged and we can expect to see legal cases in future from employees who consider this discrimination,” concludes Reynolds. |