MEMBER GUIDE COVID-19 VACCINE - FEBRUARY 2021 - AMMA
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MEMBER GUIDE COVID-19 VACCINE FEBRUARY 2021 Version 1
Contents
Introduction ........................................................................................................................ 3
Your AMMA support team on COVID-19 Vaccinations ............................................... 3
General contact................................................................................................... 3
The Government’s COVID-19 Vaccination Strategy ....................................................... 4
Workplaces.................................................................................................................. 4
Industry Approach to Vaccinations.................................................................................. 5
FIFO Employees ................................................................................................. 5
Roster Arrangements .......................................................................................... 5
Accommodation Facilities ................................................................................... 5
Workplace Vaccinations.................................................................................................... 6
Employer Position ....................................................................................................... 6
Workplace policies .............................................................................................. 7
Employment contracts ........................................................................................ 7
Managing the exceptions ............................................................................................ 8
Workplace adjustments ....................................................................................... 8
Stand down ......................................................................................................... 8
Termination ......................................................................................................... 8
Attachment 1 – Vaccine Types and Dosage .................................................................. 10
COVID-19 Vaccine Member Guide
Page 2
Version 1 – 8 February 2021Introduction
The Australian Government has announced the approval of COVID-19 vaccines to be rolled out in
phases over the coming months. The roll-out will play an important part in Australia’s ability to
manage COVID-19 in 2021.
While the Australian Government strongly supports immunisation and will run a strong campaign to
encourage vaccination, it is not mandatory and individuals may choose not to vaccinate. There may,
however, be circumstances where federal, state and territory governments introduce border entry or
re-entry requirements that are conditional on proof of vaccination.
This guide is designed to assist resources and energy employers to manage the workplace
considerations relating to the roll-out of COVID-19 vaccines in Australia.
The central issue for employers is the ability to require that employees be vaccinated in order to
attend and perform work. The key considerations surrounding this issue are addressed in this guide.
AMMA continues to work with and assist members on the vaccine roll-out. This guide will be updated
and recirculated periodically as additional information, guidance, workplace considerations and/or
industry developments occur.
Your AMMA support team on COVID-19 Vaccinations
Tara Diamond Ben O’Brien
Director Operations Head of West Coast, Perth
Tara.Diamond@amma.org.au Ben.Obrien@amma.org.au
Katie Jacklin Tom Reid
Head of East Coast, Brisbane Head of Policy and Public Affairs
Katie.Jacklin@amma.org.au Tom.Reid@amma.org.au
General contact
For information on government policy and AMMA’s advocacy, contact policy@amma.org.au.
For any practical support relating to the COVID-19 vaccine roll-out, get in touch with one of AMMA’s
specialist workplace relations consultants via membership@amma.org.au.
COVID-19 Vaccine Member Guide
Page 3
Version 1 – 8 February 2021The Government’s COVID-19 Vaccination Strategy
The Australian Government’s COVID-19 vaccine roll-out is expected to commence in March 2021
with the Government identifying high-risk groups within the community to be prioritised.
Unless employees fall within the high-risk categories identified in Phase 1 of the Government’s
prioritisation timetable, it is unlikely that vaccinations will be available to resources and energy
employees before the remaining adult population.
The Government’s vaccine roll-out will however see a large portion of the workforce population being
vaccinated on a voluntary basis.
Further information about the Australian Government’s COVID-19 Vaccine National Roll-out
Strategy can be found here. Information on the vaccines purchased to date is at Attachment 1.
Workplaces
The Attorney General has advised that much of the legal basis for workplace requirements will
primarily come from states and territories – either through Public Health Orders or work health and
safety (WHS) authorities.
Safe Work Australia (SWA) reported that given the limited information on transmissibility, it believes
the vast majority of workplaces will not require their workers to be vaccinated.
The way in which employers might seek to require vaccination is through a ‘lawful and reasonable
direction’. SWA intends to provide further clarity about what will be deemed to be ‘reasonable’
through national guidance.
At this point in time, with no other options available, the vaccine will likely be an effective way of
minimising the risk posed by COVID-19 to workplaces. This position will may change as more
information becomes available.
Resources and energy employers need to ensure their workplaces are COVIDSafe and plan for
ongoing monitoring and updating of COVIDSafe activities across 2021.
COVID-19 Vaccine Member Guide
Page 4
Version 1 – 8 February 2021Industry Approach to Vaccinations
AMMA is in discussions with resources and energy employers, industry groups, employer
associations and government stakeholders about a uniform approach to the COVID-19 vaccine.
AMMA’s view is that a nationally-coordinated, uniform approach to vaccination requirements in
workplaces is of paramount importance – it should not be left to employers alone to confront the
legal and ethical issues arising from requiring persons to be vaccinated.
However, while AMMA works with other national and industry bodies on a coordinated approach,
employers will need to assess their own requirements in readiness for the nationwide rollout of
vaccines throughout 2021.
Some of the unique considerations for our industry are included below.
FIFO Employees
At this point in time, AMMA understands that airlines are not likely to make vaccinations a
requirement for domestic travel in Australia.
If that position were to change and airlines required passengers to provide evidence of vaccination
or if a State or Territory government took the position that people entering the State / Territory must
be vaccinated, then it is likely that resources and energy industry FIFO employees would move up
the Government’s vaccine prioritisation list.
There are some resources and energy employers with employees who move internationally to
undertake their roles as expatriates. AMMA is yet to receive guidance on how the airlines’ private
policies will affect the prioritisation of the vaccine roll-out for employees travelling internationally.
Roster Arrangements
The proposed forms of vaccination in Australia will require two separate doses of the vaccine, with
the second dose to be taken some weeks after the first. The efficacy of the vaccine is dependent on
the length of time between doses. For AMMA members the time required between the two doses
will be critical, especially for employees working on FIFO rosters.
Employers need to consider whether work schedules need to be adjusted to ensure that people are
able to get the second dose when they are required to take it.
The industry would benefit from having a coordinated approach to how employees receive the
second dose of the vaccine.
Accommodation Facilities
The risk profile for resources and energy employees is very different to employees across other
industries. This is most relevant to employees living in close quarters in camp facilities and other
shared accommodation arrangements.
The COVID-19 vaccine is just one of many control measures which already exist to reduce
transmission within the community.
Resources and energy employers have been successful with a range of COVID-19 mitigation plans
to avoid outbreaks at their operations and should continue with strong COVID safe measures
including social distancing and enhanced hygiene and cleaning practices in the workplace.
COVID-19 Vaccine Member Guide
Page 5
Version 1 – 8 February 2021Workplace Vaccinations
Employers are advised not to rush out a workplace policy that takes a one-size-fits-all approach to
COVID-19 vaccinations, or that actively promotes a ‘no jab, no job’ for all roles in the organisation.
There may be employees in your workplace who for one reason or another are not able to be
vaccinated, some of which may include:
• underlying health and medical conditions;
• cultural or religious reasons; and/or
• at risk pregnant employees.
That being said, employers will likely be able to require that employees have been vaccinated where
the employee is working in a ‘high risk’ role and the vaccine is a practicable measure that can be
taken to eliminate or reduce the risk presented by COVID-19 to that employee.
Before taking that position, AMMA recommends employers take the steps set out below to establish
whether it is appropriate to require that an employee has been vaccinated against COVID-19.
Employer Position
An employer’s ability to require that an employee has been vaccinated against COVID-19 will mostly
be derived from its obligations in State and Territory workplace health and safety legislation.
In general terms, employers have a duty to eliminate or minimise workplace risks as far as
reasonably practicable. Before deciding that the vaccine is required to eliminate or minimise the
workplace risk posed by COVID-19, the employer should:
• Identify the workplace risks posed by COVID-19 specific to the employer’s operation. This
may differ between sites and between roles. For example, the workplace risk attaching to
FIFO roles is likely going to be different to the workplace risk that attaches to office-based
roles. This is not to say the risk is higher for FIFO roles, but the ways in which a FIFO
employee may be exposed to COVID-19 in the workplace is likely different to how an
employee may be exposed to COVID-19 in an office.
• Assess the options available to the employer to control the identified workplace risks posed
by COVID-19. Given the global experience of the virus over the past 12 months, it may be
that at present no other viable controls exist outside of the vaccine option.
• Understand that the risk presented by COVID-19 in the workplace is going to evolve
throughout 2021 as more and more persons are vaccinated and public health directions begin
to be relaxed. At present our ability to address the workplace risk posed by COVID-19 is
heavily dependent on travel controls and public health directions – when these measures are
relaxed the risk profile for unvaccinated persons will likely increase and the workplace risks
will increase accordingly. Roles that you may not consider to be ‘high risk’ now may become
‘high risk’ in the future.
• Use all of the above information to make informed decisions about whether individual
employees should be required to have been vaccinated, and when those employees should
be required to be vaccinated.
• Establish a clear position on vaccination requirements by including the requirement in a
workplace policy. This may be a standalone COVID-19 vaccination policy or an inclusion in
your pre-existing Fitness For Work policy. For new employees, you should consider building
vaccination requirements into contracts of employment.
COVID-19 Vaccine Member Guide
Page 6
Version 1 – 8 February 2021Workplace policies
It will be important that your organisation has a clear, written position in relation to vaccinations that
is communicated to your workforce. This can be done by:
• developing a stand-alone workplace policy in relation to the vaccine;
• including your position in your current COVID Safe Plan if that has been communicated to
your workforce;
• including your position in an existing fitness for work or workplace health and safety policy;
and/or
• amending your employment contracts to include a vaccination obligation (for new employees
only).
At a high level, your position should include these two requirements:
The organisation strongly encourages all employees to be vaccinated against COVID-19.
The organisation may require that an employee is vaccinated against COVID-19 if the
employee is working in a role that the organisation deems to be high risk in relation to
COVID-19.
There are a number of other considerations to cover off in your written position including exceptions
to your vaccination position and how these exceptions will be managed. This detail should be housed
in some form of workplace policy.
If you do ultimately require an employee to be vaccinated, you can also require the person to provide
proof of having been vaccinated. It is not yet clear what forms of proof will be available in relation to
the vaccine, but we recommend you make the proof process as easy as possible for your employees:
some form of receipt of a vaccine having been administered should be acceptable in lieu of a more
formal medical certificate.
The proof of vaccination could take many different forms, including but not limited to:
• a medical certificate;
• a receipt from the pharmacy where they received the vaccine;
• signing a statutory declaration; and/or
• any form of digital vaccination passport that may be introduced in Australia.
If it is a requirement that your employees be vaccinated in order to attend work, you should consider
whether you will pay employees for their time or allow special leave to receive a vaccination. At this
stage, we do not consider that it is appropriate that employees be paid for the time it takes to receive
vaccine doses, but consideration should be given to providing employees with time off work to
receive their second vaccine dose at the required time.
For more information about workplace vaccination policies contact either of Heads of Workplace
Relations, Ben O’Brien or Katie Jacklin (contact details page 3).
Employment contracts
The most robust form of vaccination requirement will be that arising from an employee’s contract of
employment.
It is not likely that you will be able to amend existing contracts of employment to introduce vaccine
requirements for employees. However, you should consider amending future contracts of
employment to allow the employer to direct the employee to have been vaccinated against COVID-
19 as a matter of contract.
COVID-19 Vaccine Member Guide
Page 7
Version 1 – 8 February 2021This is a slightly different basis upon which an employer may require that an employee has been
vaccinated, and all employers should consider reserving their right sin this regard by amending
template contracts now.
For more information about amending employment contracts to include vaccination requirements
contact either of Heads of Workplace Relations, Ben O’Brien or Katie Jacklin.
Managing the exceptions
Where employees are unable to be vaccinated or simply refuse vaccination, you should undertake
a risk assessment to determine the most appropriate way to manage these employees. Some control
measures may include:
• appropriate work placement and adjustment;
• review of work practices to ensure safe systems of work for infection prevention and control;
• additional information, instruction, training, and supervision; and/or
• adjusted personal protective equipment.
This should be done on a case-by-case basis. At all times employers should be guided by medical
advice.
Workplace adjustments
You may be reluctant to take strong and decisive action, especially in circumstances where an
employee is hesitant due to a genuinely held belief they may be affected by the vaccine or have a
medical condition that renders them likely to be injured by the vaccine.
In these circumstances, you may wish to consider permitting the employee to take annual leave or
leave without pay to seek advice from a medical practitioner.
Before a final decision is made about a person’s ongoing employment, you may wish to consider
whether redeployment to a different role, location, or organisation within your corporate group is
feasible.
Stand down
In some circumstances, it may be appropriate to stand down an employee until they are able to be
vaccinated – this may be appropriate for pregnant employees. Your organisation should consider
whether the stand down should be paid, or unpaid, and if personal, annual, or other forms of leave
can be accessed during this period.
Termination
Ultimately it may the case that an employer is left no other option but to end a person’s employment
if they cannot work safely without the vaccine and the person maintains an ongoing refusal to be
vaccinated.
The usual termination of employment risks will arise in this circumstance, as well as potentially novel
claims involving allegations of discrimination or encroachment upon religious freedom.
Currently the Fair Work Commission has had limited opportunity to consider the many workplace
issues arising from COVID-19 vaccines.
COVID-19 Vaccine Member Guide
Page 8
Version 1 – 8 February 2021In a recent unfair dismissal proceeding involving an in-home-care worker’s refusal to be vaccinated
against influenza, the Fair Work Commission noted the parallels between the worker’s refusal of the
influenza vaccination and the impending rollout of COVID-19 vaccinations across Australia. The
presiding Commissioner noted:
“In my view, each circumstance of the person's role is important to consider, and the
workplace in which they work in determining whether an employer's decision to make a
vaccination an inherent requirement of the role is a lawful and reasonable direction. Refusal
of such may result in termination of employment, regardless of the employee's reason,
whether medical, or based on religious grounds, or simply the person being a conscientious
objector.”
AMMA will provide updates to members on any developments on relevant matters before the FWC.
COVID-19 Vaccine Member Guide
Page 9
Version 1 – 8 February 2021Attachment 1 – Vaccine Types and Dosage
The Australian Government has secured agreements for the supply of three COVID-19 vaccines,
provided they prove to be safe and effective. Due to the different platforms, characteristics, and
requirements for each vaccine, each will have specific planning and program requirements.
Information on the vaccines purchased to date is below.1
Pfizer and BioNTech University of Oxford/ Novavax
AstraZeneca
Delivery time Mid-late February 2021 March 2021 First half of 2021
Efficacy 95% 62.1% Awaiting trial data
Doses 10 million doses in total 53.8 million doses in total 51 million doses in total
available
(3.8 million doses
available in early 2021
and 50 million doses to
be manufactured locally
in monthly batches)
Dosage and 2 doses required per TBA TBA
timings person about one
month apart.
• only 12.1% of those • 18-84 years of age
Safety • 18-54 years of age
assessed for • people living with
• 55-85 years of age
efficacy were over HIV and those with
• 12-18 years of age 55 years of age chronic conditions
Population Up to 5 million people Up to 16.9 million people Up to 20 million people in
coverage 2021 and an additional 5
million in 2022
Symptomless Data not gathered on Data showed the low- No data
infections asymptomatic dose vaccine regime was
infections about 60% effective at
reducing asymptomatic
infections, but it is
unclear whether the
standard dose reduced
them at all.2
1
Australian COVID-19 Vaccination Policy, Australian Government (link)
2
Safety and efficacy of the ChAdOx1 nCoV-19 vaccine (AZD1222) against SARS-CoV-2: an interim analysis of four
randomised controlled trials in Brazil, South Africa, and the UK (link)
COVID-19 Vaccine Member Guide
Page 10
Version 1 – 8 February 2021You can also read
