The b Issue

Employee Vulnerability and COVID-19

Dr Conor McDonnell, Occupational Medicine Specialist, McConnell Hill

COVID-19 has infiltrated almost every aspect of our working day. At the beginning, we were learning about physical distancing, hand hygiene and the symptoms of COVID-19. From there we learned about COVID-19 contact tracing and contact management. After that, we identified the importance of face coverings and proper ventilation. Discussions moved onto long COVID-19 and the COVID-19 vaccination programme. Despite, the concerns about the delta variant, we are considering a move back to the workplace and with that, I anticipate that there will be more issues for consideration over the coming weeks, not least, employees’ vulnerability to COVID-19.

What is vulnerability?

An employee’s vulnerability to COVID-19 is the risk that they will develop serious illness, should they become infected by the Coronavirus. It varies according to age, gender, ethnicity, and underlying health comorbidities, and is reduced by any personal immunity acquired through previous infection and/or vaccination.

Vulnerable Employees

Unfortunately, there are employees who are more susceptible to the Coronavirus than the average healthy employee. You will find a list of conditions that deem an employee either high risk or very high risk here. There are many employees working from home who have such medical conditions. I anticipate that as employees are asked to come back to the workplace, they may disclose to their employer that they have a medical condition which renders them more vulnerable to COVID-19 should they get infected. Others may disclose that they are not vaccinated and that they are not comfortable returning to the workplace, because they don’t feel safe. In these scenarios, where employees express a concern about their vulnerability, whether it is due to an underlying medical condition or due to not being vaccinated, the employer should consider a referral to an occupational health physician, who’s role, in part is to establish the vulnerability status of the employee and to give guidance to the employer in terms of fitness for duty in the workplace on a case-by-case basis.

COVID-19 Vaccination

Employers are not responsible for the roll-out of employee COVID-19 vaccination programmes, as employers cannot purchase the vaccines. Apart from the healthcare setting, employers are not entitled to ask their employees about their COVID-19 vaccination status. In my opinion, it is a reasonable expectation that employers would offer COVID-19 vaccination information and education to their employees and that they would encourage their employees to accept a COVID-19 vaccine if offered.

Even with all health and safety measures in place, including COVID-19 vaccination, it is not possible to guarantee the exclusion of the virus from the workplace. Employers should continuously encourage employees to comply with the health and safety measures in place, and to accept vaccination when offered.

Health and Safety

The Work Safely Protocol - COVID-19 National Protocol for Employers and Workers v.14.05.2021 outlines the COVID-19 health and safety employer obligations. An employer is obliged to complete a workplace risk assessment and ensure that appropriate COVID-19 health and safety measures are in place for their particular workplace including, but not limited to, the use of face coverings, hand hygiene, physical distancing and proper ventilation.

Remember:

• Employers should ensure that they have fulfilled their health and safety obligations as set out in the Work Safely Protocol. • Employers should offer information and training to employees regarding the COVID-19 vaccines. They should also encourage their employees to take up the vaccine, however, they cannot mandate their employees to take up the vaccine and, except for the healthcare setting, they cannot enquire about an employee’s vaccination status. • If an employee identifies themselves as a vulnerable employee, then the employer should refer the employee for a vulnerability assessment to a medical practitioner such an occupational health physician.

Dr Conor McDonnell is an accredited specialist in occupational medicine and co-founder of McDonnell Hill Ltd. To find out more visit www.mcdonnellhill.ie or contact on conor@mcdonnellhill.ie or on www.linkedin.com/in/drconormcdonnell

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