Let's Get Topical - The Vaccine Policy
The Vaccine. . . a major topical area and again one that information about is changing by the day. Instead of overloading you with paragraph upon paragraph of text, we thought we’d approach this section as a Q&A which covers all questions you may have about the vaccine policy.
The first question is - Can you insist that an employee be tested?
In the absence of a legal requirement for employees to take a test, no individual can lawfully be forced to take one, as such an action could be considered assault given the physical element of taking a test.
Employees who have no symptoms should only be asked to take a test on a voluntary basis. Employees who have no symptoms and are not a close contact of a confirmed COVID-19 case may query the legal basis of being required to take a covid test before entering the workplace. In this scenario, the purpose of the test should be explained to the employee and if the employee continues to refuse the test, employers need to tread very carefully to avoid employee relations issues.
Moving onto question 2 - Can you ask an employee if they have been vaccinated?
While employees are not obliged to provide personal medical information, employers may seek vaccination information on the foundation that they are meeting their legal obligations under the Safety, Health and Welfare at Work Acts. It will be up to the employee if they wish to volunteer this information to their employer. If they choose to volunteer this information, then employers should not disclose this information to other employees. As medical data is considered as a Special Category of Personal data, additional data protection regulation apply and must considered.
Lastly, question 3 - Can you insist that an employee be vaccinated?
Currently vaccinations are recommended by Irish authorities, but not compulsory for any Irish citizen. Even with the role out of the Covid vaccination amongst medical workers who are employees of the HSE, for these employees the vaccine was not mandatory. With this in mind, it is likely to be very difficult for an employer to argue and defend a case that vaccination is compulsory in a workplace. There is little an employer can do if their employee refuses to get the vaccine however, understanding their concerns is important and finding solutions that meet the business needs without infringing on their rights is crucial in managing their integration into the workplace. Employers need to think carefully about any action they take and consider the potential legal consequences associated with these actions.
If you are an employer, now you are most likely thinking, 'What can I do about the vaccine and my workplace?'. The answer is simple, employees cannot be forced to avail of the vaccine however it is vitally important that employers promote that their employees take a vaccine. The best way to take a proactive stance here is to roll out a vaccine policy. We would advise doing this now to help prepare employees. In creating a vaccine policy you’ll want to consider :
1. Providing your workforce with a list of resources where they can obtain further information about the vaccination programme, for example, gov.ie, HSE.ie.
2. Your policy must recognise that the decision to avail of the vaccine is the individual's choice however the employer encourages their workforce to make an informed decision through:
Reading information about COVID-19 vaccinations via official sources;
Listening to the information the HSE provides when offering a vaccine; and
Being cautious of misinformation around COVID-19 vaccinations by unreliable sources.
3. Detail whether your employee's will be paid or un-paid for the leave to attend their appointment.
4. If an employee feels unwell after their vaccination they will be instructed to follow The Company's sick leave policy.
Lastly, we would recommend :
5. That employers include a section in the vaccine policy about employee's respecting others privacy and not having open discussions about the vaccine with colleagues.
Bright Contracts has recently been updated to include a vaccine policy which covers these consideration points for our customers to include in their employee handbooks, which can be found under the terms and conditions tab.
Related Articles:
- Hello Update! - Additions to the Return to Work Safely Protocol
- Supporting Female Employees: Implementing a Menopause Policy
Hello Update! - Additions to the Return to Work Safely Protocol
As vaccines roll out and employees begin to return to the office, updates to policies and procedures are changing as a result, so we are back again with a update to The Return to Work Safely Protocol which came into effect in May 2021 to include new learnings on Covid in the workplace. It incorporates the current advice on the Public Health measures needed to reduce the spread of COVID-19 in the community and workplaces. The updated Work Safely Protocol provides further guidance for employers in relation to ventilation as part of the range of measures to prevent the spread of COVID-19 as well as information on how to approach the use of antigen testing in the workplace.
The updated Protocol is very detailed in relation to the introduction of antigen diagnostic tests and rapid antigen diagnostic tests.
Firstly let's discuss what is antigen testing?
The COVID-19 antigen test uses a swab to take a sample from your nose. The sample does not need to go to a lab. The test results are quicker than the COVID-19 PCR test, but it has some limitations.
With the update to the protocol employers must:
- Consult with workers and representatives, as well as the lead worker representative(s) and the safety representatives, before any testing regime is introduced in the workplace and a process for workers who do not wish to take part in such testing should be agreed.
- The updated Protocol also sets out that a written occupational health and safety risk assessment to take account of this new work activity and specific risks associated with the use of rapid antigen diagnostic testing in the workplace should be completed.
The spread of the virus is most likely when infected people are in close contact so the risk of getting COVID-19 is higher in crowded and poorly ventilated spaces where infected people spend long periods of time together in close proximity therefore it is important to maximise ventilation in areas where people are in close contact.
Ventilation, refers to the movement of outdoor air into a building, and the circulation of that air within the building or room while removing stale air to improve the air quality. This can be achieved through natural means (e.g. opening a window) or by mechanical means e.g. HVAC systems.
Reoccupying workplaces should not, in most cases, require new ventilation systems but improvements to ventilation will help increase the quantity of clean air and reduce the risk of exposure to airborne concentrations of the virus. While ventilation reduces the amount of virus in the air and the aerosol risk, it will have minimal impact on contact transmission (touching surfaces) or droplet transmission where people are within 2 metres of each other. Droplets containing the virus will settle onto the surrounding surfaces within seconds, smaller particles can stay suspended for longer which is why ventilation is not a standalone measure and continued adherence to other public health advice is absolutely essential.
Employers can also seek to reduce the risk of transmission by limiting the numbers of workers in a given area and paying particular attention to work activities that increase deeper breathing. Determining ventilation of enclosed workplace settings should be considered as part of the workplace risk assessment which should consider the following:
- How you currently provide ventilation (fresh air) in your workplace?
- How many workers occupy or use the area(s)?
- How much time do workers spend in the area(s)?
- Are there any features in the workplace which might affect ventilation?
- Does the workplace have multiple or complex ventilation systems in place?
It is advised to speak to the building engineer or system manufacturer before implementing any changes relating to mechanical ventilation.
Further information on ventilation is available at:
- HPSC – Guidance on non-healthcare settings
- World Health Organisation?
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- The Home Stretch: The Final Key Steps in a Safe Employee Return
- As Easy As 1,2,3: Key Elements of Safe Return to The Workplace
- Our Employees Are Back! – How Do I Return My Employees Safely?
Supporting Female Employees: Implementing a Menopause Policy
2021 has been a year of big change for everyone and has given rise to many different topics of conversation, a vitally important topic is that of menopause among the female workforces. A media outlet which we believe captures the importance of the conversation around menopause perfectly is The Irish Times who published an article in May 2021 about menopause and the article made reference to how ‘The menopause is where mental health was 10 years ago’. A statement which could not be more true. The origin of this article stemmed from women’s testimonies on Joe Duffy’s Liveline programme and has continued across all media since including being taken up in the Seanad by Senator Pauline O’Reilly. These discussions have brought to the surface the realisation that menopause is considered a taboo subject, like mental health was and like mental health we are not educated enough in what menopause is, the symptoms of it and how we can help those going through menopause which is why it is so important for employers to educate their workforce and to recognise the importance of supporting women in the workplace who are transitioning through menopause which is why we believe it is vitally important for organisations to implement a menopause policy as we believe it needs to be acknowledged and recognised as an important occupational issue requiring supports to be made available.
To ensure that companies show a positive attitude towards the menopause, we want to encourage employers to create an atmosphere where women feel there are colleagues with whom they can comfortably discuss menopausal symptoms and that they can ask for support and adjustments in order to work safely and without fear of negative repercussions. For this reason, the menopause is an issue for men as well as women. So let’s touch on the basics of menopause by answering the simple question, ‘What is menopause?’ Menopause is a natural stage of life when a woman’s estrogen levels decline and she stops having periods. As menopausal symptoms are typically experienced for several years, it is best described as a ‘transition’ rather than a one-off event. The menopause typically happens between age 45 and 55. The ‘perimenopause’ is the phase leading up to the menopause, when a woman’s hormone balance starts to change. For some women this can start as early as their twenties or as late as their late forties.
There are various symptoms that can be experienced through menopause and can be both physical and/or psychological. They can include: hot flushes, insomnia, headaches, fatigue, memory lapses, anxiety, depression and heart palpitations and each of these symptoms can affect an employee’s comfort and performance at work which is why we developed our menopause policy to ensure you are assisting your female employees in their daily duties. In order to assist those experiencing these symptoms in their daily duties, it is important that your company menopause policy explores making reasonable accommodations to the individuals role or working environment with the aim of reducing the effect that the menopause is having on the individual which is explored in our new menopause policy available on Bright Contracts today! We are committed to ensuring appropriate support and assistance is provided to female employees and that exclusionary or discriminatory practices will not be tolerated. Our menopause policy is fully compliant with the Safety, Health and Welfare at Work Act 2005 as well as the Employment Equality Acts 1998 – 2015.
Check out your Bright Contracts today to view the update, or if you would like to become a Bright Contracts user you can download the software and purchase a licence today.
To access the update, log out of your Bright Contracts company file and log back in, you will then see a yellow bar across the top of the page asking you if you would like to upgrade the content.
The Home Stretch: The Final Key Steps in a Safe Employee Return
Following on from our previous blog post 'As Easy As 1,2,3: Key Elements of Safe Return to The Workplace', this blog post covers the next essential steps in your Return to Work Safely Protocol.
4. Complete Pre-Return to Work Forms
5.Provide COVID-19 induction training for all staff
6.Keeping a log of contact/group work to facilitate contact tracing
7.Review other Company Policies
4. Complete Pre-Return to Work Forms
With this step, a pre-return to work form must be completed by employees at least 3 days before their return to work. The form allows employees to self-certify that they do not have Covid-19 symptoms or have not been in close contact with any confirmed or suspected cases over the last 14 days.
You can get a return to work form template directly from the HSA website.
In communicating with employees upon their return to work it would also be advisable to establish whether or not they might be considered as a vulnerable worker. There is a HSE webpage that sets out who high risk groups are, you might consider sending this to employees and asking them to notify you if they fall into any of the categories. If they do fall into a vulnerable category you do have a duty of care to take extra precautions to protect that individual.
5.Provide COVID-19 induction training for all staff
Once staff return to work they should be given Covid-19 induction training. This will include up-to-date public health guidance. Similar to the Lead Representative training, the HSA have an online Covid induction training. Employees can complete the training on their phone, it takes 20 minutes and once completed employees will receive a certificate which you can place on file as a record that the training has been completed. In addition to the HSA training, it would just be recommended that you recap with employees on the specific changes that have been made in your workplace.
6.Keeping a log of contact/group work to facilitate contact tracing
Next is keeping a log of close contact/group work. The purpose of this being to facilitate contact tracing should it be required.
7.Review other Company Policies
And finally, when you’ve done all of the above you may want to look at reviewing and updating some of your existing policies. Previously you may have updated your Sick Leave Policy to reflect Covid-19 illnesses, you now might also want to consider putting in place a Working from Home policy if that is the norm in your company. And we have those updated policies available in Bright Contracts.
As previously mentioned, The HSA are applying renewed energy into workplace compliance so it is important the employers recheck and re-evaluate where they are. Have things become complacent? Are your policies up-to-date? Do you need to remind staff?
Hopefully if you put many of the steps in place last summer, it shouldn’t take you too long to review. But if you are looking for assistance Bright Contracts can certainly help.
For those of you who are using our Bright Contracts package, Bright Contracts has been updated with a template Covid-19 response plan which can be found in the 'Optional Sections' tab of the software. It covers everything referenced just now and more.
The policy has been written closely following HSA guidelines and checklists. We would certainly advise that you review the policy and adapt it to include what is relevant in your organisation, but it is a fantastic blue print to ensure you are addressing all the points you need to.
Related Articles:
- As Easy As 1,2,3: Key Elements of Safe Return to The Workplace
- Our Employees Are Back! – How Do I Return My Employees Safely?
As Easy As 1,2,3: Key Elements of Safe Return to The Workplace
Following on from our previous blog post Our Employees Are Back! – How Do I Return My Employees Safely? this blog post will detail the first 3 key elements of The Return to Work Safely Protocol:
1. Lead Worker Representative
2. Review Risk Assessment & Health & Safety Policies
3. Develop a COVID-19 Response Plan
1. Lead Worker Representative
Each workplace must appoint at least one lead worker representative, who along with management will have responsibility for ensuring that COVID-19 preventative measures are adhered to.
The Protocol very much promotes collaboration between the employer and employees, and having a Lead Worker Representative is very much key to having everybody working off the same page.
The HSA are currently running an online course to qualify your chosen employee as a Lead Worker Representative which we encourage you to have your chosen employee complete.
2. Review Risk Assessment & Health & Safety Policies
The next step is to review risk assessments and health & safety policies. In order to pinpoint how and where could the virus be transmitted in your workplace you must look at the hazards, evaluate the risks and put control measures in place.
If there is a change to how work is carried out, you will need to review your Health & Safety policies.
3. Develop a COVID-19 Response Plan
The next mandatory point is that all workplaces must develop a Covid-19 Response Plan. This is best thought of as a comprehensive catch-all document that deals with all points of relevance relating to COVID-19 and your workplace.
The Protocol specifically sets out the information you must include in your Response Plan, this will include:
- Stating how you will deal with a Suspected Case of Covid-19 in your workplace. You should appoint one employee with responsibility for dealing with suspected cases. You must have a designated isolation area to accommodate someone who may have contracted the virus. The idea being that you have a sterile environment where the employee can go if they are unable to go home straight away.
- Secondly you will need to reference Cleaning & Hygiene. State how frequently your common areas and frequently touched surfaces are being cleaning. Have you provided sufficient hand washing / sanitisation facilities – all that type of thing.
- Reference the measures you have taken to ensure physical distancing.
- You need to commit to keeping staff informed and up-to-date on what is happening in your workplace and also on public health advice.
- Employees have a responsibility here to; they must ensure that they are keeping up-to-date and abiding by the preventative measures being put in place. So it is important to include this in the Response Plan.
- And finally mental health. . . mental health is specifically referenced in the Protocol – you will need to reference and discuss how you are supporting employees whether it is through your EAP program or the HAS has provided helpful sources on their website which you should inform your employees are available to them.
For those of you who are using our Bright Contracts package, Bright Contracts has been updated with a template Covid-19 response plan which can be found in the 'Optional Sections' tab of the software. It covers everything referenced just now and more.
The policy has been written closely following HSA guidelines and checklists. We would certainly advise that you review the policy and adapt it to include what is relevant in your organisation, but it is a fantastic blue print to ensure you are addressing all the points you need to.
Stay tuned for next weeks blog post to read the remainder of the key elements of 'The Return to Work Safely Protocol'.
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