Members would be aware that a Draft ODPP Vaccination Policy has been released.  The PSA received a copy on Monday 1 November 2021, and will be providing feedback by Monday 15 November 2021. You can view a copy of the DRAFT policy here.

Vaccination and the workplace

The PSA has previously distributed a bulletin around vaccination in the workplace.  You can view that bulletin in full here.

ODPP Vaccination deadline

The Draft Policy states that all staff and Third Party Providers must be Fully Vaccinated to attend ODPP Workplaces by 17 January 2022.

Definition of Fully Vaccinated within policy

While the deadline given is the 17 January 2022, within the definitions section of the policy it states that Fully Vaccinated means an individual that has received both doses of a COVID-19 vaccine approved by the Therapeutic Goods Administration for use in Australia, and 14 days has elapsed since their second dose, and they have received any subsequent boosters required by ATAGI. The PSA will be raising concerns in regards to this definition, as it essentially moves the deadline back 2 weeks, and is not a requirement that has been made in other areas that have implemented mandatory vaccination policies.

Medical or Religious exemptions

The Draft policy outlines the process for workers to apply for an exemption based on a medical or religious grounds.  Staff must complete an Exemption Application Form and submit it to their manager before the Vaccination Deadline. Staff will need to provide documentary evidence to support their application, such as a Medical Contraindication form signed by a Registered Medical Practitioner.  The requirement for evidence based on religious grounds is likely to be high.

If the exemption is not granted, the draft policy states that staff will have an opportunity to appeal within 3 days of the decision not to grant an exemption.

Staff already diagnosed with COVID

If you have already been diagnosed with COVID-19 within the last 6 months, which is preventing you from being fully vaccinated, you will also need to provide a medical contraindication form signed by a Registered Medical Practitioner.  This form contains a section for a temporary exemption for this very reason.

What happens if a worker has an adverse reaction to the COVID-19 vaccine?

While this information is not contained within the Draft policy, there are some workers across NSW who have had adverse reactions to the vaccine and have made a workers compensation claim, which can cover workers for weekly payments compensation.

All compensation claims are different and will be determined as such, however, at minimum the following should be present in a claim:

• The worker’s employment must be a substantial or main contributing factor to the injury or illness. Relevant considerations to establish this include, whether there is a Public Health Order in place that requires you be vaccinated or if your employer permitted or directed employees to get the vaccine during work hours (it is important to note that the circumstances of each employee’s claim will be determined on the individual circumstances); and
• An adverse reaction that requires medical support or time off work. If you have an adverse reaction, you can make a claim through the usual workers compensation process, and the PSA can assist with this.

Employees who do not comply

The Draft policy states that if a staff member is not Fully Vaccinated on or before the vaccination deadline they must complete a Non Participation Declaration.  This will provide the staff member an opportunity to explain in writing why they are not Fully Vaccinated. Each case will then be assessed based on the individual circumstances.

If an employee chooses not to comply by the deadline, and is not granted an exemption, or suitable alternative controls are not applicable, that staff member will be instructed to take leave immediately.  The PSA will raise issues around such a direction to take leave, as there are limited situations in which such a direction is allowed under the Award.

Ultimately though, failure to comply may constitute a refusal to follow a lawful and reasonable direction. If that is the case, then refusal may result in termination or suspension of the Staff Members employment or engagement.  Please review the PSA bulletin linked above for more information of what makes a direction lawful and reasonable.

Vaccination discussions in the workplace

The PSA understands that mandatory vaccinations can be a divisive issue, and encourages all members to maintain appropriate and respectful behavior when discussing the matter with colleagues, and your Union.

Next Steps

The PSA will be involved in further consultation around the Draft Policy, and will provide feedback in writing.  We will keep members updated with the progress of discussions.