YOUR BUSINESS
Vaccinations Urgent need to clarify employer rights and responsibilities BY MICHAEL STUTLEY PARTNER, KINGSTON REID
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One might be left with the impression that this was a new or novel piece of advice to receive about seven months after the start of the vaccine rollout. Far from it. Many of us who specialise in workplace law have been left scratching our heads for many months about the hesitancy and, quite frankly, in many cases incorrect opinions, which have been voiced and published about the right of employers to insist on vaccination as a requirement of entry to workplaces.
n 6 August, Prime Minister Scott Morrison announced that the law allowed employers to give COVID-19 is a “reasonable foreseeable safety risk and directions” to staff vaccination is a reasonable to get vaccinated and exceptionally effective against COVID-19 control. Let’s go back to first following advice principles. Employers have a right to give employees lawful he had just received and reasonable directions. Employees from the Solicitor General have an obligation to follow such directions. So, the crux of the issue is about situations where whether the direction to be vaccinated is such directions may be firstly lawful. considered lawful. The lawfulness of the direction requires an employer to consider whether vaccination is a reasonably practicable measure to manage the health and
safety of workers from the risk of COVID-19 at work. This requires an analysis of the level of risk. Obfuscation here is not helpful for employers. Yes, it’s fact dependant but there are some clear and straightforward factors that would make vaccination a reasonable safety measure.
No brainers include aged care, health care, disability support, retail, hospitality, manufacturing, call centres, logistics and distribution. There will be more, of course, but the basic factors will include close contact with each other and the public, contact with vulnerable people, and high degrees of movement and interaction. Having established that the spread of COVID-19 is a foreseeable safety risk and that vaccination is a reasonable and exceptionally effective control measure the direction will be lawful. The remaining consideration is whether is it is reasonable. WA Grower SPRING 2021
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