News

March 4, 2022

Covid-19 and the workplace

There is a lot of uncertainty around Covid-19 and whether businesses that are not covered by a government mandate can still require certain job positions to be performed by vaccinated employees only. This article will aim to address these uncertainties and consider what factors should be taken into account when assessing whether work requires a vaccinated employee.

The government mandate states that work must be undertaken by vaccinated people only within the following industries:

  • Border and managed isolation and quarantine workers,
  • the education sector,
  • health and disability sector,
  • Prison workers,
  • NZ Police and Defence Force
  • Fire and Emergency New Zealand.

Also included are close proximity services such as food and drink and indoor facilities where work cannot be carried out without close proximity of less than 1 metre, such as hairdressers, nail salons and gyms.

If your business does not come within the categories of a government mandate, you can choose to carry out what is called a ‘risk assessment’ to determine whether the work should be carried out by vaccinated people only. The risk assessment requires that you look at your business and the tasks that are being performed, and consider the following questions:

  1. Do the workers within your business carry out work in an indoor space that is less than 100m2?
  2. Are your employees able to maintain a 1 metre distance away from other people in the workplace?
  3. Are your employees in close proximity to other people for more than 15 minutes at a time?
  4. Does your business provide services to people who are vulnerable to Covid-19?

If you have answered yes to at least 3 of the above and you are not able to reduce the risk by adding further controls, you may need to consider whether the work should be performed by a vaccinated employee.

If you are not covered by a government mandate, then unfortunately there is no one size fits all approach. We recommend you seek further assistance if you are in doubt and tread with caution when it comes to enforcement. Remember that consultation with your employees is paramount!