Covid-19 protective framework – living with the traffic light system
After several months of rapidly evolving change, New Zealand has now settled into the COVID-19 protective framework, colloquially known as the ‘traffic light’ system. Vaccination is at the heart of this system, and the collective effort to get New Zealand vaccinated has exceeded government expectations.
In addition to the government making vaccination mandatory for around 40 percent of New Zealand workers (including roles in MIQ, border, education, health care, corrections, firefighters / emergencies and police), many companies also choose to limit entry to their premises to those who have a My Vaccine Pass and / or who require staff to be vaccinated as a condition of performing their role.
Government Immunization Assessment Tool
On December 15, 2021, the government officially released an optional vaccination assessment tool to help employers determine if their workers need to be vaccinated. The tool is designed to give businesses confidence and confidence in their immunization policies.
Below is a brief description of the four factors of the tool.
Use of the vaccination assessment tool is optional. While employers have the discretion to use the tool or their own assessment criteria, it will likely help demonstrate that the outcome achieved is reasonable and justifiable.
Immunization policies established before or without this tool remain valid provided they have been properly implemented following a health and safety risk assessment.
Apply your vaccination policy
Consultation with workers (and unions, if applicable) is an essential condition for the introduction of any compulsory vaccination policy. Labor law obligations continue to apply, and if a worker is unwilling or unable to be vaccinated, an employer must act in good faith and consult with them before making any decisions that may affect their employment. . This may include consideration of remote work, increased use of PPE, redeployment and alternative arrangements.
Employers can choose to exempt any worker from the vaccination requirement if they determine that they can still appropriately manage the health and safety of workers and others with other control measures, such as use of regular testing and / or PPE. If these options are not viable, an employer must provide at least four weeks’ notice of termination to any employee who is not vaccinated.
Note that for employers who choose to require a valid My Vaccine Pass to enter their premises, these will be issued to any employee who has received a medical exemption from the Department of Health. The ministry said very few people would qualify for a medical exemption (less than 400 across New Zealand).
Next steps
Now that the government’s approach to COVID-19 appears to be settled for at least the next few weeks, if you haven’t already, we recommend that you make sure you have clearly determined the path that you will take. you want to borrow to fight COVID-19 in your workplace and developed an appropriate policy accordingly. This is especially important given that most employees expect most employees to return to their usual place of work once their area reaches the “amber” traffic light setting, which for the majority of the time. New Zealand (excluding Northland) will be on December 30, 2021.
Our team will be happy to help you develop a policy tailored to your goal and answer all your questions.
