This week marks New South Wales’s fifth week of lockdown; people are now talking about being social inmates!
The most sensitive question surrounding the lockdown is:
> Can you or should you require your team to be vaccinated before coming back to the office or
> Can staff be withheld from dealing with customers if not vaccinated?
The answer lies in the work health and safety act 2011, which states its basic principles. Section 5 of the act says that every business must provide a safe workplace for the worker. A workplace includes your office, open homes, inspections, and your home office! Section 17 says that an employee includes both your employees and subcontractors; this means anyone you may pay indirectly or directly related to your business. You can’t escape from that level of it.
You’re also required, as we have your standard common-law duty of care to take all steps or reasonable steps to protect your team from problems you can foresee. This leaves you in a very tight situation if it’s foreseeable that a person who works for you, one of their relatives, can get sick and end up in the hospital from you not taking specific steps, you may be held liable as an office if you do not require vaccination.
I suspect that workplaces that are not Covid safe could be vulnerable to actions held against the employer under the work health and safety act.
This can carry two things, you can be sued, or more importantly, get fined up to million dollars.
Once the lockdown is lifted and workplaces begin their slow transition back to the office, we suspect that vaccination requirements will be enforced. Here are three potential options for your staff.
1. Full vaccination
2. One jab and a Covid test every three weeks
3. No Vaccination will need a test every three days
If a staff member wants to carry out functions at home, you can leave them without being vaccinated.
You are going to have to clear look at compelling vaccination. I think the laws are pretty clear on it. If you don’t follow those laws, you are going to be liable.
There is a Law all throughout the world and in Australia that states “no person can force another human being to take or participate in a drug trial of an unregistered,unlicenced experimental vaccine or drug.Which is what these covid jabs are .It’s a goal sentence.Morisson just found this out that is why he has handed it over to bosses .He does add however get legal advice .
Hi Judith, Thank you for your comment. We always suggest it is best to control your own environment. In our advice to business, we always taught that you should not rely on the Government to tell you what to do. The best way of running your business is to make decisions that are best for your business, your team & your customers. In a world filled with pandemic, businesses will have to make decisions how to protect all those people above.
Our comment is purely that, not having vaccinated workers may leave you open to litigation by that worker or maybe even a customer. Stay safe and hope this helps.
Bailey Compton
Vivien a question – so what about potential law suit if the staff member/s have an adverse reaction to the vaccine? the Government & pharmaceutical companies are idemnified is this a concern as we are potentially asking and/or mandating then we become liable?
Hi Ivy, Thank you for your comment this is a vexed question.
Just after this article was published the Prime Minister did say that a statement of regulatory intent should be issued by state government stating that they will not prosecute employers for not requiring vaccines. if people don’t get vaccinated. Unfortunately, the prime minister can not require the states to do anything. More importantly, employers will still be left with the common law duty of taking all reasonable steps to avoid harm.
My first belief is that it is best to have a vaccinated workforce to protect you. Like everything, there are always exemptions. If a team member produces a letter from their doctor saying that are at a risk or reaction, you might need to consider an alternative position, for example, requiring regular tests.
Its a tough one , but we do need to do everything to protect our team. Stay safe and hope this helps.
Bailey Compton