Employers and employees need to be vaccinated based on the dates in the Health and Safety at Work Regulation or there can be closure of business and dismissal of workers

From the 1st of August this year or after that date, any employer or employee must not enter the workplace unless the employer or employee has received at least the first dose of the COVID-19 vaccine according to the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulations 2021 gazetted and signed off by the Minister for Employment, Parveen Bala.

If a worker has not received at least the first dose of the COVID-19 vaccine on or before 15th August 2021; or the second dose of the COVID-19 vaccine before 1st November 2021, this can constitute a basis for dismissal of the worker.

The regulation also states that on or after 1st November 2021, an employer or employee must not enter the workplace unless the employer or employee has received the second dose of the COVID-19 vaccine.

This does not apply to those people less than 18 years of age, those who have a history of severe allergic reaction to any component of the COVID-19 vaccine, as verified by the Permanent Secretary for Health or for any other legitimate medical reason that has been exempted from vaccination by the Permanent Secretary for Health.

An employer that contravenes or fails to comply with this section of the regulation commits an offence and is liable to a fine of upto $1,500.

In the regulation, employer includes, a sole trader, partner, trustee or director of an employer; the board or other governing body of an employer; if the employer does not have a board or other governing body, the Chief Executive Officer of the employer; for a ministry or department, the Permanent Secretary responsible for the Ministry or Department or the head of the Ministry or Department; or the person designated as or performing the functions of the head of the employer, however that designation is expressed.

The employer must not permit a worker to enter the workplace from August 1st this year unless the worker has received at least the first dose of the COVID-19 vaccine and produces vaccination documentation as proof.

On or after 1st November 2021, an employer must not permit a worker to enter the workplace unless the worker has received the second dose of the vaccine and produces vaccination documentation as proof.

An employer that contravenes or fails to comply with this section of the regulation commits an offence and is liable to a fine of upto $10,000.

A worker that contravenes or fails to comply with this regulation commits an offence and is liable to a fine of upto $500.

If an employer has not received at least the first dose of the COVID-19 vaccine on or before 15th August 2021, an inspector must order that the business be temporarily closed.

A business that is closed may resume operations after the employer receives his or her first dose of the COVID-19 vaccine.

If a worker has not received at least the first dose of the COVID-19 vaccine on or before 15th August 2021; or the second dose of the COVID-19 vaccine before 1st November 2021, such omission constitutes a basis for dismissal.

The Minister may extend any of the prescribed periods for vaccination for a specific area if the Permanent Secretary for Health determines that the COVID-19 vaccine will not be available for the area during the prescribed period.