20/04/2022
Did You Know?
On the 15th of February 2022, The Code of Practice: Managing Exposure to SARS-CoV-2 in the Workplace (the Code) came into effect.
This Code is a guideline in interpreting ‘an employment law’ (including the Occupational Health and Safety Act). This Code also supports the original Occupational Health and Safety Direction with regards to vaccination policies.
The Code provides that every employer must undertake a risk assessment to give effect to its obligations under the OHSA and the Hazardous Biological Agents (HBA) Regulations, and on the basis of the risk assessment, develop a plan to include, inter alia, any measures to be implemented in respect of the vaccination of its employees (including the date by which the employees must be fully vaccinated).
Therefore, the OHSA, read with the HBA Regulations and supported by the Code, provides the legal basis for an employer to implement a vaccination requirement at the workplace, where this is deemed to be a reasonably practicable control measure.
Whether a vaccination requirement is, in fact, a reasonably practicable control measure will depend on the circumstances, based on the employer’s risk assessment.
(Credit: Business Tech, 15 April 2022)