I’ve thus far avoided writing too much about COVID, not only does my daily life involve discussing it, my job involves discussing it most days and quite frankly, I’m exhausted. However the recent media dialogue around asking employees if they have been vaccinated and mandating testing has certainly captured my attention. At first I was confronted and a little uncomfortable, and actually unsure of my view. This lack of clarity and uncertainty got me thinking, and then I found myself enthralled in vigorous discussions. Such a hotly debated topic is worthy of discussion. Right now, employers globally are assessing if they should implement a vaccine policy to protect their workforce against COVID-19.
Let’s take a step back in time, pre COVID
Flu shots: For at least the past 25 years many employers have provided their employees with flu shots to protect against flu-related losses in terms of unplanned absences, sick leave and reduced productivity. When such programs were implemented, they had low uptake and weren’t necessarily valued. Over time, employees have become receptive to these programs, and for some people, working for an organisation who offered the flu shot was seen as a benefit or perk. I recall when I was managing flu shot programs, people would email months in advance asking when they could get their shots and months after the program had finished people would call and email disappointed that they missed out. There was always a line out the front of the room where flu shots were being administered and people walked around gloating sucking their lollypop after they had received the jab.
Drug and alcohol testing: Six years ago the Australia Building and Construction Commission and the Office of the Federal Safety Commission introduced requirements for mandatory drug and alcohol testing. For many, this policy was responded to with rage and uproar. Following periods of consultation and piloting, employees, employers and unions gained confidence with the program and the support it provided to those who may be suffering from drug and alcohol abuse. Now drug and alcohol testing is a seamless part of day-to-day activities on construction, mining and rail sites, and it mostly goes unnoticed and without any attention.
Both of these programs are example of change management, where at first, the intended audience is resistant or opposed to the change, but with time, people adapt to the change and become more accepting of the programs.
2020 The Pandemic Hits and Anything Goes to Keep Businesses Running
When the pandemic struck, employers and industry groups partnered to implement new process and procedures to keep their employees and operations COVID safe. At this time, if you were reading articles within the media, you would have come across articles hypothesising that employers could potentially be liable if their employee contracted COVID while at work. These articles put even more attention on COVID at the boardroom table, with safety professionals conducting enterprise risk assessments to ensure all reasonable practical controls were in place across entire operations. Safety teams were relied on to support operational teams by providing advice on the type of controls that should be deployed in accordance with the hierarchy of controls. While most of these controls were engineering and administrative controls, they were likely the highest level of controls available at the time. These controls included physical distancing, and physical distancing monitoring technology, additional personal protective equipment, enhanced routine cleaning, reduced workforce, pandemic leave, and for those employers that had a large enough workforce, on site COVID-19 testing. For the most part, employers were grateful for this, as these controls enabled their employers to keep operating and know they had the best possible controls in place at the time. Going beyond this, at the time, many were hopeful and planning for a vaccine to be the medium to long term solution.
2021 – Year of the Vaccine
With the announcement of multiple vaccines approved, we started the year optimistic that our world would return to normal. Halfway through the year, there is very little difference between 2020 and 2021. The one major difference is that this year we have a vaccine and last year we didn’t. Finally a control that safety professionals could put in the elimination box of the hierarchy of controls. At the start of the year, conversation was mostly around vaccinations being approved which then morphed into what category do you fall into, and when can you get the vax, are you going to get the vax, and so on.
The past two weeks have seen the COVID-19 vaccination conversation amplify and creep into workplace discussions. There has been various announcement from employers, regulators, workplace lawyers, and unions on their view of COVID-19 protection policies. Some organisations have been blatant with their policy of no jab no start, others have introduced incentive programs (such as time off, vouchers or health care benefits and so on) for those who are vaccinated. Just last week SafeWork Australia Chair, Diane Smith Gander, backed frontline employers getting vaccinated: read more here.
My Prediction
Reflecting on the above I predict state governments will take a risk-based approach, legislating high risk industries and high risk workers must be vaccinated. Regulators and Governing Bodies will introduce compliance codes and codes of practices outlining that employers’ must have a policy and procedure in place or adequate controls to manage COVID-19 at the workplace, similar to the aforementioned drug and alcohol testing policy. Employers’ policy and procedures will need to be specific to their working environment and be based on the risk and reasonable practical controls. I predict that state-based regulators will not explicitly mandate that all employers must mandate that all employees are vaccinated. I don’t foresee any of this happening in 2021. With the limited and unstable supply of vaccines in the country, it would difficult for employers to comply with the legislation.
My Tips for WHS Professionals and Organisations Navigating COVID-19 Vaccination Policies
1. Review your organisation’s data as it relates to COVID-19. Identify if there were any cases reported over the past 18 months, understand how they occurred, what environments they occurred in and what controls were in place.
2. Use risk management principles and frameworks to risk assess your operations and designated work groups. Use the outcomes of this to inform the overall approach to managing COVID protection measures at your workplace.
3. Consult with your employees, industry bodies, unions, supply network and other partners and stakeholders before finalising and implementing a policy.
4. If your organisation does mandate testing for the entire organisation or designated work group, think about how this is communicated to the workforce, how is it operated and maintained.
5. Determine if there will be rewards and benefits for employees who are vaccinated. Go for the carrot approach rather than the stick.
6. Pilot the policy or program with a smaller part of the organisation to obtain feedback from employees and identify any issues that may need to be rectified before scaling across the entire organisation. When piloting the program think about how operational leaders will be supported. They are likely going to be receiving a lot of questions from the workforce. It is important that operational leaders understand the risk assessment that was undertaken to inform the policy and operational requirements.
That’s enough from me, for now. I’m off to get my vaccination.
These are my personal views, and not the views of my employer.