As a business owner, any decisions made surrounding vaccination policies can be complex. Although the vaccine is not mandatory, there is a strong push from the government for all Australians to get vaccinated. With so much information out there about COVID-19 vaccines it’s difficult to know what to do, but taking these practical steps can make the process seem less daunting and may assist some employers in making the right choice for their business.
Where do I start?
The first step is to closely examine the needs of the business and how it operates. Are there a large portion of customer facing employees? What about employees who don’t interact with customers? Should a COVID-19 vaccination policy extend to visitors to the workplace such as contractors? These are all important questions that may be considered at the very beginning of planning.
In addition, employers can look at how the business will stay up up-to-date with the most current information surrounding vaccinations, especially in consideration of continuously evolving advice from health officials. Flagging key government websites is an effective way to stay in the know for all businesses.
What next?
Reviewing current policies is an important step. Perhaps changes could be made to existing policies to better manage ongoing issues? Some employers may even choose to be pro-active in addressing potential issues the business may face in the future, in relation to health and safety policies, leave policies, stand down policies or working from home policies.
Just as vitally important is reviewing employment contracts. Businesses may consider whether to include clauses that make employment conditional on having the COVID-19 vaccination for new employees. Another consideration for employers is whether they choose to engage with existing employees in order to make variations to current employment contracts.
Given the COVID-19 vaccination is not mandatory in most industries and the legal position of whether employers can mandate the vaccine for workers remains untested, it’s also important to consider if the situation might be better managed by simply encouraging and supporting workers to receive the vaccine instead.
I want to implement a COVID-19 vaccination policy in my workplace. How do I do that?
If a business chooses to implement a workplace policy in relation to COVID-19 vaccinations, it’s really important to consider the following. Even if the business chooses not to mandate the vaccine, it’s still a good idea to ensure any vaccine policy clearly outlines how the organisation intends to deal with any relevant issues that may arise in the workplace now or on the future.
Do I need to consult my workers?
When considering introducing a vaccination policy, employers need to consult with their employees and any safety and health representatives, in line with the applicable modern awards, enterprise agreements or contractual obligations. Employers should also ensure that any required vaccination program is lawful and reasonable for the specific circumstances of that particular workplace. It’s necessary to provide workers with an opportunity to express their views and raise concerns relating to the introduction of the policy, and they should be genuinely taken into consideration before finalising any policy.
What if an employee refuses?
Some businesses may look at weighing up the likelihood of workers refusing the vaccination, and then consider what course of action the business will take in response to this. There are many factors that may influence whether or not workers want to have the vaccine, some of which may stem from concerns of discrimination to assessing the potential impact on an employee’s ability to carry out their role without the vaccine.
Businesses may choose to develop a system that clearly defines the specific circumstances which would exempt an employee from having to receive the vaccine, as well as establishing any evidence requirements such as a medical certificate. Taking this course of action can assist in clarifying the organisations stance. In addition, all communications regarding the vaccination policy whether businesses wish to make it mandatory or not, should clearly outline any potential consequences of workers choosing not to meet the terms set out in the policy.
If you need assistance navigating the complex issue of mandatory vaccinations in the workplace, our team of highly skilled HR professionals are well equipped to support your business in implementing a vaccination policy which complies with relevant legislation.
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