Salon owners and COVID-19 vaccination policies
Photo by Gerd Altmann on Unsplash
News
8
Now that South Africa has
of employers to protect their
the purpose of the policy can
commenced its COVID-19
employees and maintain a healthy
be achieved by implementing
vaccination rollout to healthcare
and safe working environment.
alternative measures.
workers and with government
3. An employee’s refusal to be
An employer may consider the
expected to launch phase 2 at the
inoculated without reasonable
following when determining a
beginning of May, salon and spa
justification may result in possible
mandatory vaccine policy:
owners should consider their own
termination of employment
policies for staff in this regard.
on the basis of operational
This is according to the EOHCB
requirements, potential incapacity
• The effectiveness of social distancing in the workplace; • Employees whose work
(Employers Organisation for
or even misconduct. Mandatory
requires them to travel
Hairdressing Cosmetology &
vaccination policies present
domestically and internationally
Beauty), which has published an
an intricate balance of rights
for work related purposes,
in-depth guide in its March 2021
between:
especially if the COVID-19 vaccine
Journal. The EOHCB guide points
• Employee’s religious, cultural
is made compulsory for employees
out that is important for employers
or philosophical objections
to travel internationally. When
to start educating and informing
against vaccinations. This
an employee objects to being
all employees about the COVID-19
includes superstitious and the
vaccinated the following needs to
vaccine.
interpretation of religious text
be considered – the nature of the
beliefs, as well as refusal to be
objection, the importance of travel
is currently no legal restriction
vaccinated because of substances
and suitable alternatives.
on mandatory vaccination
in the vaccine prohibited
policies and the implementation
for religious reasons, beliefs
out that the provisions of
of such policy will need to be
pertaining to consumption of
POPI (Protection of Personal
measured against the principle
animal products and/or the way in
Information Act 4 of 2013)
of reasonableness. When an
which these vaccines were tested.
will apply when requesting
employer contemplates a
If an employee objects to be
employees to disclose personal
mandatory vaccination policy
vaccinated, all objections must be
information, such as medical and/
in the workplace, the following
considered and then be weighed
or vaccination history. In addition,
considerations should be taken
up against the risk of COVID-19
salon owners, as employers,
into account:
and the right of a safe working
need to consider the issue of
environment.
liability, should they implement
As per the EOHCB guide – there
1. Mandatory vaccination policies will inform all employees
• Employee’s medical objections
The EOHCB guide points
a mandatory vaccination policy
of the employer’s point of view
and safety concerns when an
and the employee experience
regarding vaccination/ inoculation
employee is deemed as high-risk.
unfavourable effects after being
and the reasoning behind the mandatory vaccination policy.
2. Mandatory vaccination
4. When considering whether
vaccinated for COVID-19, provided
to implement a mandatory
that the employee can prove the
vaccination policy, employers
element of wrongfulness. To read the EOHCB full guide
policies also increase the health
must evaluate their individual
and safety of employees in the
workplaces and determine
go to https://www.eohcb.co.za/
workplace and are in line with
whether such a policy is truly
articles and click on ‘March
the obligation and responsibility
necessary and/ or whether
EOHCB Journal’.
online @ probeauty.co.za