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Opinion Covid-19 vaccine rollout may present future challenges for employers

As vaccinations continue, employers need to consider the rights of employees when looking at the health of their teams and any return to the workplace writes Jason O’Sullivan.

AS THE ROLLOUT continues with the Covid-19 vaccinations, its welcome news that Ireland will receive additional doses of the vaccine produced by BioNTech and Pfizer.

Others, such as the Moderna and AstraZeneca/Oxford University vaccines, will also be shortly included within the domestic inoculation programme.

These vaccines offer real hope in a time of despair, as the third wave of the virus hits our hospitals and communities with unprecedented numbers of infection.

Hierarchy of recipients

Currently, frontline health staff and the most vulnerable in society are being prioritised with the first batch, which is understandable. In the coming weeks and months, the rest of the population will be offered these vaccines. 

Vaccination is not mandatory in Ireland, but the HSE is strongly advocating that everyone gets the vaccine as soon as it becomes available to each individual.

Therefore at the time of widespread inoculation, employers will be faced with the conundrum of how best to deal with those staff members who refuse to take it. 

Most employers, one would expect, will want their employees to take up the vaccine, as to ensure a normal resumption of business where possible.

However, employers will need to tread carefully and act within the confines of the law when advocating for such compliance. The first step they will need to take is to carry out a risk assessment as obliged under Safety, Health and Welfare at Work Act 2005.

The purpose of this assessment will be to identify health and safety risks within the workplace and then take the requisite steps to remove or minimise such risks as identified.  

Obviously, a key and reasonable step for an employer to take in minimising the risks associated with Covid-19, will be to ask and encourage all staff members to avail of the vaccine, as opposed to insisting or placing ultimatums.  

Health & Safety 

It is important to note that under the 2005 Act, there is also an obligation on the employee to comply with health and safety regulations in the workplace. For instance, employees must take reasonable care to protect the health and safety of themselves and others and not engage in improper behaviour that will endanger themselves or others. 

Despite these responsibilities, an employee can still refuse to take the vaccine and could do so for instance on religious grounds or health grounds regarding potential side-effects. 

The employer in such an instance will be unable to do much about such refusal except continue to implement secondary necessary measures to limit risks posed by Covid-19.

For instance, placing increased emphasis on social distancing in the workplace, promoting good hand hygiene or alternate workers shifts as advised throughout the pandemic.  

Another approach to deal with such refusal could be the updating of internal health and safety policies. For example, the policy could direct that all employees who are vaccinated can return to the workplace, while those who refuse or who are awaiting the vaccination, will be required to work remotely from home for specified period open for review.

Such a policy would be technically justified but could risk polarising some of the workforce and lead to internal grievances. Therefore, such policy changes will need to be carefully drafted, reasoned and proportionate. 

Personal rights

Irish citizens enjoy a broad set of personal rights including rights to bodily integrity, privacy and autonomy. These rights are enshrined and protected by the Irish Constitution and European charters and conventions.

Irish employees also enjoy a range of employment rights under the Employment Equality Acts 1998–2015 that prohibits discrimination in the workplace on nine grounds, including religion and disability. 

Accordingly, if an employer was to penalise, single out or dismiss an employee for refusing to take the vaccine, whereupon that employee has provided grounds for such refusal which fall within the safeguards of either personal or employment rights, they could face a number of litigious challenges and claims ranging from discrimination to unfair dismissal.  

These vaccination issues in the workplace, albeit in their infancy, will stir much debate over the coming months when the rollout becomes more widespread.

There will be little appetite for the Government to get involved or legislate for mandatory Covid-19 vaccinations as to do so would greatly impinge on the personal and employment rights of Irish citizens. 

Instead, the government and health officials will be better placed to educate about the benefits of these vaccines, while eradicating any misconceptions and alleviating fears.  

Jason O’ Sullivan is a Solicitor and Public Affairs Consultant at J.O.S Solicitors.

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    Mute Pokey2013
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    Jun 9th 2014, 8:34 AM

    Good for her! This really is a no brainer as an industry for the west of Ireland.

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    Mute Ciaran Farrell
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    Jun 9th 2014, 10:07 AM

    It should be but this government through an uduras na gaeltachta company called arramara are trying to corner the market from erris hd to loop hd by applying for a license which would stop cottage industries from cutting seaweed in west mayo, Galway and Clare thus giving a monopoly. At the same time they are negotiating the sale of arramara teo to a private Canadian company. Think they’re holding out for a suitable price. 30 pieces of silver perhaps?Absolute disgrace and the deal being done quietly. This will shut down countless cottage industries and is getting little or no coverage.

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    Mute Hallie Burton
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    Jun 9th 2014, 10:13 AM

    Another scam being played out on us Ciaran.

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    Mute Ciaran Farrell
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    Jun 9th 2014, 10:52 AM

    It is indeed. The worst part of it is that in many villages on our western seaboard there are so few opportunities to ” turn a pound” that this will be devastating and nobody is shouting stop ( or at least nobody with influence on kildare st.). This is Minister Ring’s heartland yet he is strangely quiet for a lad who loved the soapbox when in opposition.

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    Mute Thors Big Hammer
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    Jun 9th 2014, 8:42 AM

    Fair play to this woman and her drive to to be successful.

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    Mute Brendan Harlowe
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    Jun 9th 2014, 12:14 PM

    I think she flew in actually .

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    Mute Ben Gunn
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    Jun 9th 2014, 8:55 AM

    It is not an either/or choice. To grow your business all markets should be explored. The Irish home market is tiny and many of our indigenous industries would simply fold without overseas sales.

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    Mute Aaron
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    Jun 9th 2014, 9:14 AM

    Why would/should any business limit themselves to a single market?

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    Mute Dee4
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    Jun 9th 2014, 9:14 AM

    well done to the lady, there are increasing warnings not to consume anything from the Pacific. Japan and even the West Coast of the US should be great markets for her

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    Mute Hallie Burton
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    Jun 9th 2014, 10:12 AM

    We don’t eat enough of it ourselves.

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    Mute Hallie Burton
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    Jun 9th 2014, 10:38 AM

    Maybe someone could tell us where ‘sea vegetables’ are on sale in locally? I can get dried product in the Asia Market in Drury Street and very nice it is too. Try this site for lots of info http://www.seaweed.ie/uses_ireland/irishseaweedfood.php

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    Mute Michelle Blessing
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    Jun 9th 2014, 11:54 AM

    What a shame we are exporting to a country that carries out horrific atrocities against dolphins and whales in Taiji.

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    Mute Frank
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    Jun 9th 2014, 8:36 AM

    Japan still has a market for glow in the dark seaweed.

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    Mute J. Dunn
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    Jun 9th 2014, 9:37 AM

    Do you have a link for that, Frank?

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    Mute Frank
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    Jun 9th 2014, 10:46 AM
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