Mandated Vaccines in the Community/Volunteer Sector

Thanks to Volunteering Kapiti for the following information

Mandated Vaccines in the Community/Volunteer Sector
20 October 2021 | Articles

Volunteering Kapiti has pulled some information together as of 20 October 2021 on vaccines for volunteer/community roles. Vaccines are voluntary and individuals cannot be forced to have a vaccine. However, some sectors and roles may have a mandatory vaccine requirement if they fulfil certain criteria.

Mandatory Sectors
Some work sectors (including work at the border and MIQ workers) have mandated vaccination requirements. This now includes the health and disability sector (if carrying out identified high-risk work), Education Sector (schools, early learning services and providers, home-based educators and all support people in schools early learning services) and Prison staff. For the most updated info on mandated workers please check here: https://covid19.govt.nz/covid-19-vaccines/vaccinations-and-work/mandatory-vaccinations-for-workers/

Roles Identified from a Risk Assessment:
Roles can have a condition of mandatory vaccination should a Risk Assessment identify vaccination is required for Health and Safety reasons. For example, if the role raises the risk of COVID-19 infection and transmission above the risk faced outside of the work.

Worksafe have developed some questions to help you complete the risk assessment in consultation with your workers/volunteers: https://www.worksafe.govt.nz/managing-health-and-safety/novel-coronavirus-covid/how-to-decide-what-work-requires-a-vaccinated-employee/.
Worksafe advises, if the risk ratings are high and you are unable to reduce risk by implementing more controls (including other COVID-19 public health measures), you and your workers should consider whether the work should be performed by a vaccinated worker. If the role requires mandatory vaccination, workers should be given a reasonable timeframe to decide if they will be vaccinated. Reasons for requiring vaccination other than health and safety are unlikely to be sufficient, for example, requiring vaccination to promote your workplace as being fully vaccinated.

Privacy Act
As part of this process you would need to adhere to the Privacy Act 2020, when collecting, storing and sharing information about people’s vaccination status. Volunteers/Workers also do not need to disclose or prove their vaccination status. If their vaccination status is not disclosed, the organisation may need to assume they are not vaccinated for managing the organisations’ health and safety risks and inform the worker of this assumption. Workers cannot be redeployed or disadvantaged for refusing to disclose their vaccination status, unless particular work cannot be done by unvaccinated employees. You can only ask a candidate during a job interview if they are vaccinated if it is justified by the requirements of the role (as reflected in the Health and Safety Assessment).

Below are some useful links for more information:
Information on Vaccinations and Volunteers:
https://www.volunteeringnz.org.nz/wellbeing/vaccines-and-volunteers/
Advice on deciding if a role requires mandatory vaccination
https://www.worksafe.govt.nz/managing-health-and-safety/novel-coronavirus-covid/how-to-decide-what-work-requires-a-vaccinated-employee/
Outline of mandatory vaccinations
https://covid19.govt.nz/covid-19-vaccines/vaccinations-and-work/
Vaccination in the workplace guidance
https://www.employment.govt.nz/leave-and-holidays/other-types-of-leave/coronavirus-workplace/covid-19-vaccination-and-employment/
NZCCSS (NZ Council of Christian Social Services) - have collection of information and legal views.
Context: https://nzccss.org.nz/nzccss-covid-vaccination.../
Workforce guidance: https://nzccss.org.nz/nzccss-covid-vaccination-collated.../
Legal opinions on vaccinations and employment here: https://nzccss.org.nz/.../NZCCSS-Covid-Vaccinations-and...