Covid vaccination - can it be required on H&S grounds? What is still factual (Under the current Health Orders, Privacy Act, Bill of Rights, etc.) is that we cannot mandate vaccinations for a person. As safety professionals, we can only identify roles required to be performed by vaccinated workers.
Keeping that as the first thought when this topic comes up, I believe, makes finding an answer easier. The focus needs to be on the role’s potential exposure to the virus, not the worker performing it.
Before mandating any role as a vaccine required role, we must assess the role for the role’s exposure risk to the virus. As with any assessment, it needs to happen in collaboration with the workers and HSE representatives.
The risk assessment for exposure to COVID-19 should consider two factors about the role:
1. Identifying the likelihood of COVID-19 exposure - the likelihood of a worker being exposed to COVID-19 while performing the role, and
2. Identifying the potential of that exposure on others - the potential consequences of that exposure on others (e.g. community spread).
To help work out potential consequences, consider if the role involves regular contact with others that may be at high risk (of severe illness) if they contract COVID-19.
Completing the risk assessment
If there’s a high likelihood that the role will expose the person performing it to COVID-19, and the consequences would be significant for the worker and other people, then, in that case, it’s likely the role needs to be performed by a vaccinated person.
And of course, as part of any assessment, it has to be acknowledged that no vaccine is 100% effective, and there is some chance a vaccinated worker may become infected with COVID-19 and still transmit the virus to other people!
Like mandating specific training requirements for a role (such as harness training when working at height), mandating a role required to be performed by a vaccinated worker means a PCBU meets their duties under the HSWA.
Finally, we all know of other risks associated with Covid that sit outside of safety; but other forums can debate them!