Professional Beauty SA April 2021

Page 8

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


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