The President indicated in the last family meeting that a task team will look at mandatory vaccines. It seams people are confused, some angry and other supportive with this statement. I am not going to give you my views just going to provide some guidance on what you as a business owner / manager can do and how to go about determining if your workplace would require mandatory vaccines under the current legislation and guidelines.
The Occupational Health and Safety Act is used to guide business in this process and the steps to follow would be:
STEP 1: Risk Assessment
The purpose of the risk assessment is to identify which positions in the business are at risk of high exposure and the possibility of severe consequences. Once you determine the high-risk positions and individuals consultation is key.
STEP 2: SHE Committee Consultation
The purpose of the SHE Committee is to establish a work environment where management and workers consult issues around health and safety of employees and the risks the work environment and processes pose to the employees. Therefore it is critical to ensure the SHE committee is part of the risk assessment process and understand the outcome. Keep minutes of the meeting.
STEP 3: Union Consultation
If the Union is not yet part of the SHE Committee you will have to consult with the union to inform them of the risk assessment outcome. Keep minutes of the meeting.
STEP 4: Consult with HR
It is important to discuss the risk assessment outcome and the consultations with the different stakeholder with your HR team. The HR team need develop the policies and procedures for implementation and further consultation with individual employees
STEP 5: HR to develop COVID-19 Vaccine Policy & Procedures
Based on the information from step 1 -4 HR need to develop a policy stating the business position and if mandatory vaccines would be required for all or for a selected few. HR need to develop procedures to implement the policy considering the reasons why people may refuse a vaccine and there are 3:
· Constitutional right to bodily integrity
· Medical Reasons
· Religious Reasons
If the individual refuses the vaccine in a high-risk activity HR need to consider the reasons for the refusal and if valid need to follow HR processes as with any other consultation to consider for instance (not limited to):
· Change in work environment – work from home
· Change of position – do you have another position available for a transfer
· If no solution can be found the retrenchment / dismissal process to follow
The process must also include how the business will support those who agree to be vaccinated for example: assist with bookings, transport and time off.
STEP 6: Good Standing with COID
Ensure the business COID is in good standing – general notice was issued by COID in Oct:
“Please take notice that the Compensation Fund will cover employees for injuries, illness or death as a result of receiving a Covid-19 vaccine, only where an employee is required by the employer to receive vaccination as an inherent requirement of employment or where vaccination is required based on the OHS risk assessment conducted by the employer.”
“you get more flies with honey than with vinegar”
Educate your staff about the personal protection the vaccine provides to the individual and do not focus on enforcing the vaccine.
Elint can assist with the process, please contact us on info@elint.co.za
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