Within 21 days of the Directive coming into force an employer must amend their workplace plan to include the following:<\/p>\n
- \n
- Whether they intend to make vaccinations mandatory;<\/li>\n
- The category of employees that must be vaccinated;<\/li>\n
- The manner in which it will adhere to the directive;<\/li>\n
- The measures it will take to implement the vaccination of employees as and when vaccines become available;<\/li>\n
- Provide employees with paid time off to be vaccinated, provided an employee shows proof of vaccination.<\/li>\n<\/ul>\n
Consultation<\/strong><\/p>\n
An employer must consult with the relevant trade union on the mandatory vaccination policy together with any health and safety committee established in terms of the Occupational Health and Safety Act.<\/p>\n
The policy must also be made available for inspection by trade unions, the health and safety committee as well as an inspector.<\/p>\n
Factors to consider when determining mandatory vaccinations include:<\/p>\n
- \n
- Age;<\/li>\n
- Comorbidities;<\/li>\n
- Risk of transmission due to the job role<\/li>\n
- Any collective agreement in place on the subject.<\/li>\n<\/ul>\n
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<\/a><\/p>\nEducation<\/strong><\/p>\n
An employer must raise awareness among employees with regards to, among others, the nature, benefits and risks associated with the vaccines.<\/p>\n
The objectives of these guidelines should be:<\/p>\n
- \n
- The guidelines are not to supersede or undermine any collective agreement on the subject.<\/li>\n
- The guidelines are general and broad in nature and deviation may be required based on the specific workplace;<\/li>\n
- The guidelines are based on mutual respect and striking a balance between public health imperatives, the constitutional rights of employees and the efficient operation of the employers business.<\/li>\n<\/ul>\n
Essentials<\/strong><\/p>\n
A mandatory vaccination policy must include the following:<\/p>\n
- \n
- Notice to employees that they must be vaccinated as and when vaccines become available.<\/li>\n
- A right to refuse vaccination on constitutional or medical grounds.<\/li>\n
- The opportunity for an employee to consult with a trade union representative, a worker representative or a representative of the health and safety committee<\/li>\n
- Where reasonably practically possible, provide transport to vaccination sites.<\/li>\n
- Allow an employee sick leave or paid time off should they suffer side effects after having received the vaccine, alternatively make a claim on behalf of the employee in terms of the Compensation for Occupational Injuries and Diseases Act..<\/li>\n<\/ul>\n
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